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GENERAL 



PUBLIC SCHOOL LAWS 



OF 



ALABAMA 
1911 




>v¥^ 



ISSUED BY 
DEPARTMENT OF EDUCATION 



MONXeOMBKY, ALABAMA 

THE BROWN PRINTING CO., PH INTERS AND BINnnRS 

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STATE DEPARTMENT OF EDUCATION 



HENRY J. WILLINGHAM, WILLIAM F. FEAGIN, 

Superintendent of Education. Chief Clerk. 

S. H. MORI ARTY and JAMES N. GUNNELS, 
Book-l^eepers. 

MISS MARGUERITE DAY sind MISS CLARA GESNER, 

Stenographers. 



STATE BOARD OF EXAMINERS 

HENRY J. WILLINGHAM, President. 

P. W. HODGES, Secretary. 

MISS SARA CLARK. 



STATE TEXT BOOK COMMISSION 

GOVERNOR EMMET O'NEAL, Chairman. 

SUPT. HENRY J. WILLINGHAM, Secretary. 
First District — S. S. Murphy, Mobile. 
Second District — John P. Selman,* Troy. 
Third District — J. V. Brown, Dothan. 
Fourth District — D. M. Callaway, Selma. 
Fifth District— F. T. Appleby, LaFayette. 
Sixth District — G. W. Brock, Livingston. 
Seventh District — J. B. Hobdy, Auburn. 
Eighth District — H. T. Lile, Evergreen. 
Ninth District — C. B. Glenn, Birmingham 






COUNTY HIGH SCHOOL COMMISSION 

GOVERNOR EMMET O'NEAL, Chairman. 
SUPT. HENRY J. WILLINGHAM, Secretary. 
AUDITOR C. B. SMITH. 
♦Deceased. 



PUBLIC SCHOOL LAWS OF ALABAMA 



CHAPTEK 41, CODE 1907. 

Article 1. 

public school fund. 

1678. (3539 (943) Appropriations for public 
schools. — For the maintenance of a system of public 
schools of the State the following sums of money are 
hereby appropriated for every scholastic year, to-wit: 

1. The annual interest at six per cent on all sums of 
money which have heretofore been or which may here- 
after be received by the State, as the proceeds of sales of 
lands granted or entrusted by the United States to the 
State, or to the several townships thereof, valueless six- 
teenth section fund, and school indemnity fund for 
school purposes. 

2. The annual interest at four per cent on that part 
of the surplus revenue of the United States deposited 
with the State under the act of Congress approved June 
23, 1836. 

3. All annual rents, incomes, and profits or interest 
arising from the proceeds of sales of all such lands as 
may hereafter be given by the United States, or by this 
State, or by individuals, for the support of the public 
schools of the State. 

4. All such sums as may accrue to the State as es- 
cheats the same to be applied to the support of the pub- 
lic schools during the scholastic year next ensuing the 
receipt in the State treasury. 

5. The net amount of poll tax that may be collected 
in the State; poll tax collected in every county to be re- 



4 PUBLIC SCHOOL I;AWS OF ALABAMA. 

tained therein for the support of the public schools 
thereof and distributed and disbursed as provided in 
this chapter. 

6. Licenses which are by law required to be paid 
into the school fund of any county to be promptly paid 
by the judge of probate or other person collecting the 
same to the county superintendent of education and to 
be expended for the benefit of the public schools of each 
county. 

7. A further sum of five hundred thousand dollars 
(1500,000.00) annually for every scholastic year; pro- 
vided, hoAvever, that there is hereby appropriated the 
additional sum of one hundred thousand dollars (|100,- 
000.00) annually if in the judgment of the governor of 
Alabama the financial condition of the State treasury 
will permit of such additional appropriation. 

That the provisions of this act shall become effective 
October 1st, 1911. Provided, that the annual excess of 
the appropriation herein made over the appropriation 
<:arried by existing laws, viz : The sum of two hundred 
and fifty thousand dollars (|250,000.00) per annum, 
shall be paid only on the approval of the governor, who, 
as the state of the treasury in his opinion may warrant, 
may approve the same in whole or in part from time to 
time; provided, that if the governor shall fail to ap- 
prove in any year the full amount of the appropriation 
made for that year he may, if the condition of the treas- 
ury warrant, approve in any subsequent year or years 
the difference between the amount appropriated and 
that paid. 

l^ote — In addition to the sources of school revenue 
above enumerated, there is annually levied, by Consti- 
tutional requirements, for the maintenance of the pub- 
lic schools, a tax of thirty cents on each one hundred 
dollars assessed valuation of taxable property. 

Mobile and Baldwin Counties levy a three-mill local 
tax, Escambia County a two-mill local tax, Jefferson 



PUBLIC SCHOOL LAWS OF ALABAMA. 5 

County a one and one-half mill local tax, and forty-one 
other counties levy a one-mill tax. 

1679. (3540) (944) When appropriations accrue, 
placed to credit of educational fund. — All such appro- 
priations, except the poll tax, shall accrue to the educa- 
tional fund on the first day of October, in each year; 
and on that day the State auditor shall place to the 
credit of that fund, on the books in his office, all such 
amounts as accrue thereto from the sources in this arti- 
cle mentioned, except the poll tax, for the scholastic 
year beginnina: on that day. 



Article 2. 

officers and boards of public schools. 

1680. ( 3541 ) ( 945 ) Officers and hoards of admin- 
istration of public schools. — For the administration and 
government of public schools in this State, there are the 
following officers and boards of education: 

1. The superintendent of education. 

2. A county superintendent of education in each 
county. 

3. Three district trustees in each school district. 

4. One county board of education; constituted as 
hereinafter provided. 



Article 3. 

superintendent of education. 

1681. (3542) (946) Term of office; salanj.— ''The 
Superintendent of Education" holds office for the term 
of four years from the time of his installation in office, 



^ PUBLIC SCHOOL LAWS OF ALABAMA. 

and until his successor is elected and qualified, and 
shall receive a salary of three thousand dollars per an- 
num, pa^'able in monthly installments, on the last day 
of each month, and shall not be eligible as his own suc- 
cessor. 

1682. (3543) (947) Oath of office and bond.— Be- 
fore entering upon the duties of his office, he shall take 
oath of office prescribed by the constitution, and shall 
also give bond, with sureties to be approved by the gov- 
ernor, in the sum of fifteen thousand dollars, condition- 
ed faithfully to discharge the duties of his office so long 
as he shall remain therein, or perform any of the du- 
ties thereof; and such bond shall be filed in the office 
of the secretary of state. 

1683. (3544) (948) Office and hooks, papers and 
records. — He shall have an office at the capitol of the 
State, where the bonds, papers and records of his office 
shall be kept, and where he shall give attendance when 
not absent on official business; and it shall be the priv- 
ilege of all persons interested to have access, at all 
proper hours, to the books, papers, and records of the 
office. 

1684. (3545) (949) Clerks and their salaries.— 
He is authorized to employ a chief clerk, two bookkeep- 
ers, and a stenographer for service in his office; and 
«uch clerks shall be allowed salaries as follows: The 
chief clerk, eighteen hundred dollars per year; the two 
bookkeepers, fifteen hundred dollars per year each; the 
stenographer, seven hundred and fifty dollars per year, 
to be paid as the salaries of other department clerks are 
paid. 

1685. (3546) (950) Duties of the superintendent 
of education. — The duties of the superintendent of edu- 
cation shall be as follows: 



PUBLIC SCHOOL LAWS OF ALABAMA. 7 

1. He shall devote his time to the care and improve- 
ment of the common schools, and the promotion of pub- 
lic education, and shall exercise a general supervision 
over all the educational interests of the State; and to 
this end he shall have power to require from the county 
superintendent of education, township and district trus- 
tees of public schools, and all other school officers, all 
such reports and information relating to the education- 
al fund, or the condition of the schools and the manage- 
ment thereof, as he may deem important, or as may be 
prescribed by law; and he may remove from office any 
such officer, except the county superintendent, for fail- 
ure to make such report, give such information, or dis- 
charge any other official duty. 

2. He shall annually, as far as practicable, visit ev- 
ery county in the State, for the purpose of inspecting 
the schools and their management, the accounts of 
county superintendents of education, and other school 
officers, and for diffusing as widely as possible, by per- 
sonal address and personal communication, information 
as to the importance of public schools and the best 
method for their management; and he shall encourage 
and assist at organizing and conducting teachers' and 
superintendents' institutes. 

3. He shall make provisions for instructing all pu- 
pils in all schools and colleges supported, in whole or in 
part, by public money, or under State control, in hy- 
giene and physiology, with special reference to the ef- 
fects of alcoholic drinks, stimulants, and narcotics upon 
the human system. 

4. He shall make provision for instructing all pupils 
in all schools and colleges supported, in whole or in 
part, by public moneys, or under State control, in the 
constitution of the United States and the constitution 
of the State of Alabama. 

5. He shall annually apportion the public school 
fund to the several counties, and the county board of 
education shall apportion the same to the school dis- 



8 PUBLIC SCHOOL LAWS OF ALABAMA. 

tricts as required by section 256 of the constitution, and 
shall see to the proper disbursement of the same; and 
to this end he shall keep an accurate account with all 
officers who may be custodians or disbursers of the 
school fund, or any part thereof. 

6. He shall prepare all forms and have printed and 
distributed all such blanks as may be necessary, or as 
may be required by law, in the administration of the 
public school system. 

7. He shall furnish the county superintendents and 
other school officers all necessary books for keeping 
their accounts and records, to be and remain public 
property; and he shall prescribe a uniform system of 
keeping such accounts and records. 

8. He shall tal^e receipts for all such books so fur- 
nished by him to school officers, and such officers shall 
take good care thereof, and turn them over to their suc- 
cessors in office. 

9. He shall keep a debtor and creditor account with 
each township, or other school district, in the State of 
all funds accruing thereto for educational purposes. 

10. He shall keep an accurate account of the capital 
of all sixteenth-section or other trust funds, to which 
each township or school district may be entitled, show- 
ing whence and when such funds were derived. 

11. He shall preserve in his office all bonds of school 
officers and others required to be filed therein. 

12. He shall cause suits to be instituted and prose- 
cuted against all defaulters to the educational fund, 
and for this purpose may employ attorneys; but he shall 
not have power to contract to pay such attorneys out of 
the educational fund more than ten per cent of the 
amount recovered by them in such suits; and of such 
fund he may pay such lawful costs as may be taxed 
against him as superintendent of education, in case he 
is cast in any such suits. 

18. He shall, by correspondence, exchange of official 
reports, and other proper means, elicit information rel- 



PUBLIC SCHOOL LAWS OF ALABAMA. 9 

ative to the system of public education in other States 
and countries, and disseminate all useful knowledge re- 
garding the same among the county superintendents 
and other school officers in the State. 

14. He shall collect in his office such school books, 
apparatus, maps, charts and specimens of improved 
school furniture as can be obtained without expense to 
the State. 

15. He shall prepare and have printed in pamphlet 
form by the public printer, all laws, rules, and regula- 
tions pertaining to the public school system of the 
State, including therein the constitution of the United 
States and the constitution of the State of Alabama, 
and cause the same to be distributed among the county 
superintendents of education, and other officers con- 
nected with the school system, for the information of 
those interested in the educational interests of the 
State. 

16. He shall perform such other duties as are, or 
may be, prescribed by law. 

1686. (3547) (951) Report to governor; contents. 
— He shall also, annually, on or before the first day of 
December, report to the governor in writing — 

1. A brief history of his labors. 

2. An abstract of the reports received by him from 
the county superintendent of education, exhibiting the 
condition of the public schools. 

3. Estimates and accounts of expenditures of school 
money. 

4. An itemized statement showing how the contin- 
gent fund of his department and all other special funds 
or appropriations under his control have been disposed 
of. 

5. Such recommendations as he may desire to make 
for the improvement of the school system, and the care 
and increase of the educational fund. 



10 PUBLIC SCHOOL LAWS OF ALABAMA. 

6. All such other matters relating to his office and 
to the public schools as he shall deem expedient to com- 
municate. 

1687. (3548) (952) Report to he printed and dis- 
tributed. — The governor shall, when such report is laid 
before him, direct the superintendent of education to 
have printed in the same manner and upon the same 
conditions as other printing is done, during the recess 
of the legislature, a sufficient number of copies of the 
report to supply the county superintendents and dis- 
trict trustees of public schools, and other school offi- 
cers, and for the usual exchange with other States, and 
with the leading cities of the United States ; and it shall 
be the duty of the superintendent of education to dis- 
tribute the same as indicated in this section. 

1688. (3549) (953) Vacancy filled by governor; 
term^ etc., of appointee. — If the office of superintendent 
of education should at any time become vacant, by 
death, resignation, or otherwise, the governor shall ap- 
point a suitable person to fill such office for the unex- 
pired term; and such appointee shall give bond and 
qualify in the same manner as if he had been elected 
for a full term. 



Article 4. 

townships abolished. 

1689. Toicnships abolished; public schools re-dis- 
tricted. — Township lines for school purposes are abol- 
ished; provided the inhabitants of no township shall be 
deprived of the sixteenth section or any fund arising 
therefrom, or of selling and leasing such lands as pro- 
vided by law. 



PUBLIC SCHOOL LAWS OF ALABAMA. H 

Article 5. 

townships and school districts incorporated. 

1690. (3624) (1024) (963) (576) (502) In- 
corporation of toicnships. — The inhabitants of each 
township in the State are incorporated by the name of 

"Township , of range ," according 

to the number of the surveys of the United States, and 
the inhabitants of each school district are incorporated 
by the name and number by which it is known or des- 
ignated. 



Article 6. 
school districts and re-districting boards; how 

CREATED. 

1691. District lines and boundaries; how changed, 
— The lines and boundaries of any public school district 
heretofore established by general law or any special law 
may be changed, or a new public school district may be 
created, by the vote of a majority of the county board 
of education, upon application to said board, and after 
notice of said application and of the time and place of 
lieariDg the same has been given by publication for 
three successive weeks in some newspaper published in 
said county, if a newspaper be published therein, and 
by posting written notices in at least three public 
places in the territory to be affected by said change. 
Said pulilication and notice shall be made and given by 
the county superintendent of education, and the person 
or persons making the application for such change shall 
deposit with him a sum of money sufficient to pay the 
expenses of said publication and notices, such sum of 
money to be expended by him for that purpose. And 



12 PUBLIC SCHOOL LAWS OF ALABAMA. 

whenever the boundaries of any public school district 
are changed by the county board of education or a new 
public school district shall be created by said board un- 
der this section, the county superintendent of educa- 
tion, within ten days after such change, or the creation 
of such district, shall file in the office of the judge of 
probate of his county, an accurate description of such 
change, or of the district so created, and the judge of 
probate shall record the same in the book to be kept by 
him. The change of the lines or boundaries of any 
public school district or the creation of a new district 
under this section may also be made by adding to or 
taking from any district composed of an incorporated 
city or town such contiguous territory as such board 
may deem best. 



No. 93.) AN ACT (S. 80. 

To amend Section 6 of an act approved July 17, 1907, 
entitled ^'An act to amend Sections 6, 9, 10, 16, 17, 19 
and 20 of an act entitled an act to provide for the re- 
districting of the public schools of the State and for 
the management and control of the same, approved Sep- 
tember 30, 1903." 

Section 1. Be it enacted by the Legislature of Ala- 
bama, that Section 6 of an act approved July 17, 1907, 
entitled "An act to amend sections 6, 9, 10, 16, 17, 19 
and 20, of an act entitled an act providing for the re- 
districting of the public schools of the State and for the 
management and control of the same, approved Sep- 
tember 30, 1903," be and the same is hereby amended 
so as to read as follows: Section 6. That section 19 
of said act be and the same is hereby amended so as to 
read as follows: The provisions of this act shall not 
apply to any county heretofore districted by authority 
of a special law and which has a special levy from the 



PUBLIC SCHOOL LAWS OF ALABAMA. 1^ 

county for^the support of the public schools therein; 
or to any city or town where the members of the board 
of education hold office for life under any act of the 
Legislature of Alabama approved prior to Feb. 15, 1891, 
but all other general, special, private or local laws cre- 
ating or providing for any special or separate school 
district be and the same are hereby repealed. 
Approved August 25, 1909. 

1693. Incorporated oities and towns separate school 
districts. — Each incorporated city or town in the State 
is a separate school district. 

1694. ScJiool districts not affected by county lines. 
— ^Any school district which, by the creation of new 
<!Ounties or the change of county lines, shall lie in two 
or more counties, shall in no wise be repealed by the 
creation of said new counties or the change of county 
lines. 

1695. Funds; how paid. — The superintendent of 
<Miucation of the counties in which said school districts 
fihall lie, shall pay over to the treasurer of said school 
boards in said school districts all the funds or money 
coming into their hands due said school districts. 

1696. Repeal. — All laws as to school districts which, 
by the creation of new counties or the change of county 
lines, lie in two or more counties, which are in conflict 
with the provisions of this article, are repealed. 



Article 7. 

DISTRICT trustees; ELECTION, POWERS AND DUTIES. 

1697. (3560) (966) District trustees; election 

of; term of office. — On the first Saturday in July, 1908, 



14 PUBLIC SCHOOL LAWS OF ALABAMA. 

and each fourth year thereafter, at an hour to be fixed 
and appointed by the county superintendent of educa- 
tion of each county, and to be uniform throughout the 
county, after notice has been given thereof by the county 
superintendent of education by publication in a news- 
I)aper published in said county for three successive 
weeks (the expenses to be paid out of the county treas- 
ury), and if there be no newspaper published in the 
county, then by written notices sent to each of the chair- 
men of the boards of district trustees in such county, 
the qualified electors of each public school district shall 
meet at the district school house and elect from among 
the freeholders and householders who can read and write 
residing in such districts, a local board of three dis- 
trict trustees whose duty shall be as hereinafter pro- 
vided. The chairman, or, in his absence, a member of 
the board of district trustees shall preside over such 
meeting and shall certify to the county superintendent 
of education the result of the election held thereat, 
which certificate must show the names of the district 
trustees elected at said meeting for the district, and 
said certificate must be filed with the county superin- 
tendent of education within five days after such meet- 
ing and election; provided, however, that in the event 
the chairman or other member of such board of district 
trustees should not be present at the time fixed for said 
meeting, or, being present, should wilfully fail or refuse 
to call said meeting to order or to preside over the 
same, then the qualified electors of such district assem- 
bled may choose from among their number a person to 
preside over such meeting, and such person shall be 
fully authorized to so preside and to make the certifi- 
cate of election of district trustees had at such meeting 
and to file the same as herein provided. Any qualified 
voter of such district may, within ten days after the 
holding of such election, contest the election of any 
person or persons shown to be elected by said certifi- 
cate, by filing a contest is writing with the county su- 



PUBLIC SCHOOL LAWS OF ALABAMA. 15 

perintendent of education and addressed to the county 
board of education, stating therein the ground for such 
contest, and it shall be the duty of the county board 
of education, upon notice to them by the county super- 
intendent of education of the filing of such contest, to 
meet and hear and determine such contests within 
twenty days from the holding of the election. The 
county superintendent of education, upon the filing of 
ail such contests, shall immediately notify in writing 
such person whose election is contested, of the filing of 
the same and of the date and place where such contest 
shall be heard. Such district trustees shall hold office 
for the term of four years from the time of their elec- 
tion and until their successors are elected and qualified. 

1698. District trustees; organization of. — The trus- 
tees provided for in the preceding section shall within 
ten days after their election or appointment meet at 
the public school district schoolhouse, or some place 
more convenient to all concerned, and shall organize by 
electing one of their number chairman and another sec- 
retary. 

1699. (3562) (968) Duties of district trustees.— 
The district trustees shall — 

1. Make enumeration of children within school age 
as provided by law. 

2. Care for all school property. 

3. Nominate teachers for their school districts, such 
nomination to be subject to the approval of the county 
board of education, the contract to teach to be made 
with said county board of education. 

4. Visit the schools within their respective districts, 
observe the management of the same, and make quarter- 
ly reports of the condition of such schools to the county 
superintendent of education. 

5. Perform such other duties as may be required by 
the county board of education, hereinafter provided for. 



IQ PUBLIC SCHOOL LAWS OF ALABAMA. 

If said district trustees shall fail or refuse for a period 
of thirty days after required in writing by the county 
board of education to nominate and submit for approv- 
al a teacher or teachers for their district, or for such pe- 
riod after so requiring in writing, shall fail or refuse to 
perform any of the duties required of them under this 
section, the county board of education shall be authoriz- 
ed to perform any such duties, including the nomination 
and employment of teachers in lieu of said, district trus- 
tees, wherein they have failed to perform them. 

1700. Graded schools increase niimher of trustees. — 
Whenever there has been established in any school dis- 
trict a system of graded schools free to the children of 
school age, within such district for a period of not less 
than eight months in each year, the electors of such dis- 
trict may increase the number of the district trustees to 
five, and assume entire control of the public schools 
therein; provided, the trustees of such districts shall 
make all reports required by law to the county board of 
education. 

1701. Municipal school district; hoard of education 
and trustees for. — In all municipalities where there is 
a board of education, the board shall have full charge 
and control of such separate school district, and shall 
have and exercise all the powers and authority con- 
ferred \)y law upon township trustees. In municipali- 
ties where there is no such board of education, the pow- 
ers and duties of trustees shall devolve upon and be per- 
formed by the mayor and board of aldermen, or other 
governing body, of said municipality, and all funds due 
such separate school districts shall be paid to the board 
of education of such separate school district, or to the 
mayor, board of aldermen, or other governing body of 
such municipality, where there is no such board of edu- 
cation, by the county superintendent of education, as 
required by law. 



public school laws of alabama. 17 

Article 8. 
county superintendent of education. 

1702. (3550) (954) One elected for each county. 
— A county superintendent of education for every coun- 
ty shall be elected on the first Tuesday after the first 
Monday in Noyember, 1908, and every fourth year 
thereafter, and all local, or special laws, in conflict 
herewith are expressly repealed. 

1703. (3551) (955) Term of office; removal.— T^hq 
term of oflQce of county superintendents shall commence 
on the first day of October next after, their election, and 
shall hold office for four years and until their succes- 
sors shall qualify, and shall not be required to file their 
official bonds until fifteen days before the beginning of 
the term of office, and the terms of all county superin- 
tendents now in office are hereby extended to the first 
<3ay of October, 1909. 

1704. (3552) (956) Oath of office and bond.— 
Every county superintendent of education, before enter- 
ing upon the duties of his office must take oath of office 
prescribed by the constitution and give bond in an 
amount to be fixed by the superintendent of education, 
but in no case to be less than double the probable 
amount of money that may be in his hands at any time, 
T\-ith good and sufficient sureties, and payable and con- 
ditioned as official bonds of other public officers. 

1705. (3553) (957) Approval and record of bond. 
— Such bond must be approved by, and, with the oath 
of office, must be filed and recorded in the office of the 
judge of probate of the county; and a certified copy of 
the bond must also be filed in the office of the superin- 
tendent of education for his approval. 

2 SL 



18 PUBLIC SCHOOL LAWS OF ALABAMA. 

1706. (3554) (958) Isfew or additional bond; ef- 
fect of notice to give. — The superintendent of education 
shall require of any county superintendent of educa- 
tion a new or additional bond in the same, or a differ- 
ent amount, as that of the original bond, whenever he 
shall find it necessary for the protection of the educa- 
tional fund of the county; and no county superintend- 
ent of education, after receiving notice to give such 
new or additional bond, shall continue in the discharge 
of the duties of his office until §uch new or additional 
bond is given. 

1707. (3556) (960) His duties.— The duties of the 
county superintendent of education shall be as follows : 

1. He shall have an office at the county site of his 
county, where he must, on the first Saturday of each 
month, from the beginning of the scholastic year until 
the close of the public schools for that year, be present 
to transact business with the officers and teachers of 
public schols. 

2. He must receive and take charge of any money, 
funds, property, or proceeds of any character, raised in 
his county by county taxation, or which may accrue to 
him or to the county from any gift, grant, bequest, de- 
vise, endowment, or otherwise, to be used in aid of, or 
in connection with, money apportioned to his county 
from the educational fund, and shall faithfully keep the 
same, separate and apart from any other funds or prop- 
erty whatsoever; and after the county board of educa- 
tion shall have apportioned the public funds of the 
county, as in this code provided, he shall by and with 
the consent of the county board of education, distribute 
and pay out all money raised in accordance with this 
subdivision ; but, all money, raised by local taxation in 
any school district or incorporated city or town, shall 
be expended for the benefit of the district, city or town 
in which the money is raised, and by such persons, and 
in such manner, as are authorized bv the laws in force 



PUBLIC SCHOOL LAWS OF ALABAMA. 1^ 

for the control and government of public schools in 
such district, city or town. 

3. He shall examine into the condition of all school 
funds of his county, including the sixteenth-section 
fund, and sixteenth section lands unsold in his county; 
and he is authorized and required in the name of the 
State for the use of the township, to bring all necessary 
suits for the recovery of the possession of such lands, or 
against trespassers thereon. 

4. He shall, as soon as he receive the annual appor- 
tionment of the educational fund to his county and the 
same has been apportioned among the districts by the 
county board of education, notify the district trustees 
of each district of the amount apportioned to each sep- 
arate school district. 

5. He shall enter in a book or books, kept for that 
purpose, the exact amount and date of all moneys re- 
ceived and paid out by him on account of the educa- 
tional fund of his county, showing by whom or to whom 
paid, and for what purpose, and also the amount of the 
educational fund apportioned to and distributed in 
each district for each race; and such books shall be open 
to the inspection of .all persons interested. 

6. He shall, on or before the fifteenth day of Octo- 
ber of each year, forward to the superintendent of edu- 
cation, on blanks to be furnished him by the latter, an 
annual report of the public schools of his county for 
the preceding year, which shall set forth (1) the amount 
of school money received by him from all sources to the 
end of the year, specifying how much was receivefl from 
each source; (2) how much has been disbursed by him 
during such year, for what purpose, and the names of 
teachers to whom money has been paid, the time they 
taught, and the total amount paid to each teacher; (3) 
the amount of ftinds then in hand for each township or 
school district in his county; and (4) the manner in 
which, and the extent to which, he has discharged the 
duties required by law to be performed by him. 



20 PUBLIC SCHOOL LAWS OF ALABAMA. 

7. He must, monthly, on the first Saturday in each 
month of each year, or as soon thereafter as practicable, 
pay the teachers of the public schools, upon the certifi- 
cate of the trustees of the district in which the school 
was taught; and in counties in which separate districts 
have been established by special laws, he shall pay over 
to the officers authorized to receive the same their pro- 
portionate shares of the school revenues at the times 
above designated. 

1708. (3557) (963) Forfeiture for failure to make 
annual reports. — If any county superintendent shall 
wilfully fail to make out and forward to the superin- 
tendent of education any annual report required by this 
article, within ten days after the time it should be made, 
he shall be liable to a forfeiture of his commission, to 
be declared by the superintendent of education and to 
removal from office. 

1709. (558) (962) Books and accounts liahle to ex- 
awAnation. — The books, accounts and vouchers of the 
county superintendent of education may be examined at 
any time by the superintendent of education in person 
or by duly authorized agent. 

1710. (3559) (965) Vacancies, how filled ; term, 
etc., of appointees. — The superintendent of education 
shall fill all vacancies in the office of county superin- 
tendent of education, by appointment; and such ap- 
pointee shall hold during the unexpired term, and until 
his successor qualifies, and shall give bond and qualify 
as is required by law. 

1711. (3555) (959) Compensation of county super- 
intendents of education. — For their compensation, they 
shall receive four per cent on all State public moneys 
legally disbursed by them, not to exceed the sum of 
eighteen hundred dollars for any calendar year. For all 



PUBLIC SCHOOL LAWS OF ALABAMA. 21 

moneys received and disbursed by them, the county su- 
perintendents shall account to the superintendent of 
education, as now provided by law. 



Article 9. 

county boards of education; election^, powers^ and 

duties of. 

1712. County hoards of trustees. — The chairmen of 
the several boards of district trustees shall meet at the 
court house of their respective counties, the second Sat- 
urday in August after their election, and shall elect four 
county school trustees, who shall hold ofl&ce for the 
term of four years from the date of their election and 
until their successors are elected and qualified. Before 
entering upon the duties of office, they shall take the 
oath of office prescribed by the constitution of the State. 

1713. (3583) (989) County hoard of education.— 
County superintendent of Education and said four 
county trustees shall constitute the county board of edu- 
cation within their respective counties. The county su- 
perintendent of education shall be the chief executive 
officer of said county board of education and shall see 
that all rules, regulations and orders of said county 
board are enforced; provided, that no district trustee 
shall, during his term of office, be eligible to election as 
a county trustee, nor shall more than one teacher act- 
ively engaged in teaching in the public schools in this 
State be a member of said county board of education at 
one and the same time. The court of county commis- 
sioners, or board of revenue, of each county, shall pro- 
vide, at the expense of the county, all necessary blank 
books, stationery, and postage for the use of the county 
board of education of the countv. 



22 PUBLIC SCHOOL LAWS OF ALABAMA. 

1714. (3583) (989) Vacancies in boards of educa- 
tion; hoiv filled. — Any vacancy on the county board of 
education shall be filled by the superintendent of educa- 
tion of the State by and with the approval and consent 
of the governor, for the unexpired term, and any va- 
cancy on a board of trustees shall be filled for the unex- 
pired term by the county board of education. 

1715. Potvers and duties of county hoards of trus- 
tees. — The county board of education shall have entire 
control of the public schools within their respective 
<:ounties, unless otherwise provided by law. They shall 
make rules and regulations for the government of the 
schools, see that the teachers perform their duties and 
exercise such powers, consistent with the law, as in their 
judgment will best subserve the cause of education. The 
board shall have the right to acquire, purchase, lease, 
receive, hold, transmit, and convey the title to real and 
personal property for school purposes, except where 
otherwise provided. Said board of education shall, by 
and in the name of the county board of education, sue 
and contract; all contracts to be made after resolution 
adopted by said board, and spread on its minutes and 
signed by the president and all process shall be execu- 
ted on the secretary of said board. 

1716. Pay or compensation of county hoard of educor 
tion. — Each of the four members of the county board of 
education shall receive from the public school fund of 
the county, to be disbursed by the county superintend- 
ent of education, two dollars a day for each day's work 
devoted by him to the public schools ; provided, he shall 
not receive pay for more than ten days in any one year. 
The county superintendent of education shall apportion 
among the several school districts the amount of com- 
pensation to be paid to the members of the county board 
of education, and account for the same in like manner as 
provided for the compensation paid to teachers in such 
districts. 



PUBLIC SCHOOL I AWS OF ALABAMA. 23 

No. 269.) AN ACT (H. 244. 

To prescribe the duties and powers and to fix the 
compensation of the county superintendents of educa- 
tion of the several counties of this State. 

Section 1. Be it enacted hy the Legislature of Ala- 
bama, That the duties and powers of the county super- 
intendent of education shall be as follows: He shall 
have an office at the county site of his county, where he 
must, on every Saturday of each month except in the 
months of June, July and August, be present in person 
or by representative to transact business with the offi- 
cers and teachers of the public schools. He shall exam- 
ine into the condition of all school funds of his county, 
including the sixteenth section fund, and sixteenth sec- 
tion lands unsold in his county. He shall as soon as 
practicable, notify the district trustees of each district 
of the amount available as salaries of the several teach- 
ers in the district. He shall, when required by the coun- 
ty board of education, devote his entire time to the work 
of visiting and supervising the schools of the county 
when any of the public schools are in session, visiting 
all of the schools of the county as often as possible, and 
each of them at least once annually. When visiting a 
school, he shall notice carefully the condition of the 
school house, grounds and equipments, calling to the 
attention of the local trustees any apparent needs of 
the school. He shall observe the class work of each 
teacher and, when necessary, give model lessons for the 
benefit of the teacher. He shall encourage the organi- 
zation of school improvement associations, and the 
building up of school libraries. He shall make, on 
blanks furnished by the State department of education, 
monthly reports to the county board of education, cov- 
ering fully and in detail his work during the preceding 
month, sending a duplicate report to the superintendent 
of education at Montgomerv. He shall, on or before the 



24 PUBLIC SCHOOL LAWS OF ALABAMA. 

fifteenth day of October of eack year, forward to the 
g-uperintendent of educatioD, on blanks to be furnished 
him by the latter, an annual report covering the work 
of the public schools in his county for the preceding 
year, which shall set forth (1) The amount of school 
money paid into the hands of the treasurer of the coun- 
ty school funds and from what sources ; ( 2 ) The amount 
disbursed by the treasurer and for what purpose; (3) 
What amounts of public school funds, if any, passed 
through his hands into the hands of the county treas- 
urer of the public school funds and from what sources; 
and his annual report shall supply whatever informa- 
tion may be called for by the State superintendent of 
education touching the public schools of the county. 

Sec. 2. Each county superintendent shall receive 
four per centum on all State public money legally dis- 
bursed in his county not to exceed the sum of eighteen 
hundred dollars for any calendar year ; provided, if the 
county board of education of any county should, by a 
majority vote of the board, require the full time of the 
county superintendent in the discharge of the duties of 
his office, the said county board shall fix his compensa- 
tion on a salary basis instead of a per centum on dis- 
bursements as otherwise provided in this section, and 
said salary shall be fixed at a sum not less than one 
thousand dollars per annum, payable in twelve equal 
monthly payments in the same manner and out of the 
same moneys as other teachers are paid, his name being 
j)laced on the pay roll with other teachers. To aid the 
county superintendent in the discharge of his duties, 
the county board of education may employ such assist- 
ants as they may deem necessary. These assistants 
shall be paid in the same manner as other teachers of 
the county are paid. 

Sec. 4. The provisions of this act shall become effect- 
ive on the expiration of the terms of the county super- 



PUBLIC SCHOOL LAWS OF ALABAMA. 25 

intendents now in office. All laws and parts of laws in 
conflict with the provisions of this act be and the same 
are hereby repealed. 

Approved April 8th, 1911. 



No. 487.) AN ACT (H. 243. 

To provide for the office of county treasurer of public 
school funds in the several counties of Alabama and to 
prescribe the duties thereof. 

Section 1. Be it enacted hi/ the Legislature of Ala- 
hama, That the county boards of education of the sev- 
eral counties of this State be and they are hereby au- 
thorized to select annually some suitable person in the 
county to act as treasurer of the public school funds of 
the county. 

Sec. 2. The said treasurer of the school funds in each 
county shall receive and take charge of any money, 
funds, property or proceeds of any character, raised in 
his county by county taxation, or Avhich may accrue to 
him or to the county from any gift, grant, bequest, de- 
vise, endowment or otherwise, to be used in aid of, or in 
connection with, money apportioned to his county from 
the educational fund, and shall faithfully keep the same 
separate and apart from any other funds or prop- 
erty whatsoever; and after the county board of 
education shall have apportioned the public school 
funds of the county, as in this code provid- 
ed, he shall, upon the certified payroll of the 
county superintendent distribute and pay out the 
money raised in accordance with this subdivision, but 
all money, raised by local taxation in any school dis- 
trict or incorporated city or town, shall be expended for 
the benefit of tlie district, city or town in Avhich the 



26 PUBLIC SCHOOL LAWS OF ALABAMA. 

money is raised, and by such persons, and in such man- 
ner, as are authorized hj the laws in force for the con- 
trol and government of public schools in such district, 
city or town. 

Sec. 3. He must, monthly, on the first Saturday in 
each month of each year, or as soon thereafter as prac- 
ticable, pay the teachers of the public schools, upon the 
certified payroll of the county superintendent of educa- 
tion. He shall give bond in twice the probable sum of 
public school money including any amounts of State 
school funds payable to him by the State treasurer 
which he may have on hand at any one time, said 
amount of bond to be fixed and approved by the State 
superintendent of education. 

Sec. 4. For all money paid out under the terms of 
this act, the said treasurer shall keep proper vouchers 
subject to the inspection of the State examiner of ac- 
counts, or assistant examiner, and he shall make such 
annual reports as may be called for by the State su- 
perintendent of education. 

Sec. 5. All laws and parts of laws in conflict with 
the provisions of this act be and the same are hereby 
repealed. 

Approved April 18th, 1911. 

Article 10. 

enumeration or census of school children. 

1717. Census or enumeration of school children. — 
The district trustees of each public school district in 
this State, whether existing under general law or cre- 
ated by special or local law, and the boards of education 
or school trustees, or other governing board or body, of 
any public school district, lying in any incorporated 
town or city in this State, shall cause to be made during 



PUBLIC SCHOOL LAWS OF ALABAMA. 27 

the month of July, 1908, and every even-numbered year 
thereafter, an enumeration of all the children within 
school age residing in each of said several school dis- 
tricts, and to that end said trustees, or boards of educa- 
tion, or other governing board or body, shall select and 
appoint a proper and competent person to make such 
enumeration, on blanks to be prepared and provided by 
the superintendent of education of the State, and such 
person shall make a report of such enumeration under 
oath to the county superintendent of education of his 
county by the 15th day of August next succeeding the 
time of the taking of said census. The county superin- 
tendent shall then make a written verified report by dis- 
tricts to the superintendent of education of the State. 

1718. Compensation of enumerators. — The court of 
county commissioners, or board of revenue, or other 
court of like jurisdiction for each county, shall fix the 
compensation of each of said persons taking such school 
census in each district, no part of which is situated in 
any incorporated town or city, and shall order the same 
paid to such persons out of the general funds in the 
county treasury of the county wherein such enumera- 
tions are made, and the mayor and city council, or oth- 
er governing body, of any municipality wherein a pub- 
lic school district is situated, in whole or in part, shall 
fix the compensation of the person who shall take the 
school census in such district, and shall order the same 
paid out of the treasury of such town or city. 

7755. False or fraudulent enumeration of school 
children; penalty for.—Anj person appointed to make 
an enumeration of the children within school age of any 
public school district in this State as required by law, 
who shall knowingly make a false or fraudulent enum- 
eration or report of the number of children within 
school age residing in such district, shall be guilty of a 
misdemeanor, and, on conviction, shall be punished by 



28 PUBLIC SCHOOL lAWS OF ALABAMA. 

a fine of not less than one hundred dollars nor more 
than five hundred dollars, and shall also be sentenced 
to hard labor for the county for not less than six 
months nor more than twelve months. 

Article 11. 

teachers; qualifications^ license^ pov^^ers, and 
duties of. 

1719. Board of examiners. — There shall be constitut- 
ed a State board of examiners to be composed of the 
superintendent of education, who shall be the president 
of the board, and two other persons, to be appointed by 
him, who shall be teachers of extensive experience and 
recognized ability. The term of office of the said board 
shall be co-equal with that of the superintendent of ed- 
ucation. 

1720. {Repealed.) 

Note. — A copy of the pamphlet containing the rules 
and regulations governing the examination of teachers 
in Alabama may be secured by writing to the superin- 
tendent of education at Montgomery. A two-cent stamp 
should be enclosed to cover postage. 

1721. List of questions prepared. — The State board 
of examiners shall prepare questions for the examina- 
tion of teachers and the president of the State board of 
examiners shall cause lists of the questions so prepared 
to be printed and shall ten days before the date of each 
examination send to each person appointed to conduct 
examinations in the counties of the State a sufficient 
number of the lists. The questions so sent shall be en- 
closed in a sealed package and the said seal shall not 
be broken, except as provided by law. 

7750. Stealing exainination questions^ penalty for. 
— Any person who purloins, steals, buys, receives, sells, 



PUBLIC SCHOOL LAWS OF ALABAMA. 29 

gives, or offers to buy, give, or sell any examination 
questions or copies thereof of any examination provided 
by law before the date of examination for which they 
had been prepared shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined not less than 
one hundred dollars, and may be sentenced to hard la- 
bor for the county for not less than six months. 

1722. Times for examination of teachers. — The third 
MoTidays in April, July and December are appointed 
for the examination of teachers. The examination may 
be continued from day to day for three consecutive days, 
if such continuance shall be necessary for the comple- 
tion of the work of the examination, but no examination 
shall be begun on any other day than the first day men- 
tioned in this section. No examination shall be held 
at any other time. 

1723. Temporary certificates. — The State board of 
examiners may, upon recommendation of any city su- 
perintendent, town superintendent or chairman of any 
board of district trustees endorsed, in each case, by the 
county superintendent of the county in which the teach- 
er is to be employed, grant a "temporary certificate," 
valid only in the county designated, to any teacher Avho 
at the tim.e of the last preceding examination was not a 
resident of Alabama, or who, at such time, was prevent- 
ed by sickness from taking the examination, provided 
that such person last named 5?hall be required to fur- 
nish the certificate of a physician. All "temporary cer- 
tificates" shall be valid only from date of issue to the 
date on which may be made a final report by the board 
of examiners upon the applicants at the next succeed- 
ing regular examination. After receiving one "tempo- 
rary certificate" no teacher shall receive a second "tem- 
porary certificate" until he shall have obtained at a 
regular examination a certificate to teach in the public 



30 PUBLIC SCHOOL LAWS OF ALABAMA. 

schools of this State. All "temporary certificates" shall 
be issued without cost. 

1724. Examinations in counties; by whom and how 
conducted. — The regular examination shall be conduct- 
ed in each county hj the county superintendent of edu- 
cation unless for good and substantial reasons the State 
board of examiners shall deem it best to select for their 
service another person appointed for that purpose by 
the State board of examiners, and if he shall be unable, 
by reason of sickness or other unavoidable necessity to 
conduct the same, then by some other competent person 
appointed for that purpose by him. Said examination 
shall begin at 11 o'clock a. m. of the day appointed, at 
which hour the person appointed to conduct the exami- 
nation shall, in the presence of the applicants for exam- 
ination, break the seal of the envelope containing the list 
of questions, and shall distribute the questions among 
the applicants. All applicants shall undergo the ex- 
amination in the same room, or in sight of the person 
appointed to conduct such examination. 

1725. Examination fees. — Each applicant for exam- 
ination shall, before entering upon the examination, de- 
posit with the person appointed to conduct the examin- 
ation an examination fee as follows: An applicant for 
a third grade certificate, a fee of one dollar; an appli- 
cant for a second-grade certificate, a fee of one and one- 
half dollars; an applicant for a first-grade certificate, 
a fee of two dollars; an applicant for a life certificate, 
a fee of three dollars. The fees received from the exam- 
ination of teachers at regular examinations shall be 
paid into the State treasury to the credit of the educa- 
tional fund, and the State auditor shall, on the requisi- 
tion of the superintendent of education, issue warrants 
on the State treasurer, to be paid out of the educational 
fund, for the purpose of carrying out the provisions of 
this article, such as the payment of expenses for post- 



PUBLIC SCHOOL LAWS OF ALABAMA. 31 

age, for expressage, for clerk hire, for State board of 
examiners. 

1726. Compensation of the appointed members of 
the State hoard of examiners. — The secretary of the 
State board of examiners shall receive twenty-four hun- 
dred dollars per annum and the other appointed mem« 
bers shall receive twelve hundred dollars per annum 
payable in equal monthly installments out of the gen- 
eral educational fund. 

1727. Compensation of examiners. — The county su- 
perintendent or person appointed to conduct the exam- 
ination in each county shall receive ten dollars for his 
services in conducting each examination and may be 
allowed five dollars for each assistant employed; pro- 
vided that an assistant may be employed for each fifty 
applicants or fraction thereof over and above the first 
fifty in any given county Tables or desks shall be fur- 
nished by the county superintendent of education to be 
used by the applicants on such examination; and the 
county superintendent shall furnish to the State super- 
intendent a sworn statement of the amount expended 
therefor, which amount shall be paid from the educa- 
tional fund upon the approval of the State superin- 
tendent. Provided that in no case shall the amount al- 
lowed exceed ten cents per applicant. 

1728. Teachers shall not receive assistance on exam- 
ination. — Teachers on examination shall not be permit- 
ted to sit near enough to one another to read the other's 
papers, and no teacher on examination shall receive 
any assistance from any other person, or by reference 
to any .book, map, or chart, or from any other source, 
and no person shall be licensed to teach who shall en- 
deavor to procure any such assistance. 

1729. Statement signed hy teachers. — Each teacher 
so examined shall, upon the completion of his examin- 



32 PUBLIC SCHOOL LAWS OF ALABAMA. 

ation, sign a statement that he or she has not received 
any assistance in said examination from any source; 
which statement shall be kept on file by the county su- 
perintendent of education. 

1730. Applicant must he of good moral character. — 
Unless the applicant is known to the person appointed 
to conduct the examination to be of good moral charac- 
ter, or shall make satisfactory proof of the same, in 
writing, he or she shall not be admitted to the examin- 
ation. 

1731. Habitual use of profane language or intoxi- 
cants. — Any one who habitually uses profane language 
or intoxicants shall be deemed of immoral character. 

1732. (3576) (983) Grades of certificates.— There 
shall be three grades of teachers' certificates, besides 
the life certificate, hereinafter provided, to be known as 
<:ertificates of the first, second and third grades, each 
of which must show the branches in which the holder 
has been examined, and his general average. 

1733. (3576) (983) Percentage and certificate re- 
quired. — In no case shall an applicant for a certificate 
receive the same Tvho fails to answer fifty per cent of 
the questions propounded in any branch, and whose 
general average is below seventy-five per cent. Every 
teacher in the public schools must obtain a certificate 
l)rior to his employment. 

1734. (3577) (984) Branches of learning examined 
upon. — Applicants for third grade certificates shall be 
examined in the following branches: Orthography, 
reading, penmanship, grammar, practical arithmetic, 
United States history, geography, the elementary prin- 
ciples of physiology and hygiene and agTiculture, and 
theory and practice of teaching; for second grade cer- 



PUBLIC SCHOOL LAWS OF ALABAMA. 33 

tificates they shall be examined in all the foregoing 
branches, with additional requirements in arithmetic, 
liistory of Alabama, English grammar and literature, 
intermediate geography, United States history and civ- 
ics and class management; for the first grade certifi- 
cates, they shall be examined in all the foregoing 
branches, and also in algebra, geometry, physics, ele- 
mentary psychology, the school laws of Alabama, and 
advanced English; for life certificates, the history of 
education. 

1735. Examinations shall be written; kind of paper 
and ink to he used. — In all examinations under this 
article, the answers shall be written on legal cap paper, 
with pen and ink. The subject or branch shall be plain- 
ly written at the top of the page, and the answers shall 
be numbered to correspond with the questions. 

1736. Examination papers delivered to examiner; 
transmismon to hoard. — When an applicant shall have 
completed his examination, he shall write his name and 
address on each paper of the same, and deliver the same 
to the person appointed to conduct the examination, 
who shall enclose the papers of each applicant in a sep- 
arate envelope, together with his certificate of the good 
moral character of the applicant, or the written proof 
of the same, on which he admitted the applicant to ex- 
amination, and shall transmit the same to the secretary 
of the State board of examiners without delay. 

1737. Board examines and grades papers. — The 
State board of examiners shall examine the papers com- 
ing to it under the provisions of the preceding section, 
as expeditiously as possible, and shall mark upon each 



Note — A copy of the pamphlet containing the Rules and Regula- 
tions governing the examination of teachers in Alabama may be se- 
cured by writing to the Superintendent of Education at Montgom- 
ery. A two-cent stamp should be enclosed to cover postage. 

3 SL 



34 PUBLIC SCHOOL LAWS OF ALABAMA. 

paper the teacher's grade in that branch, according to 
the correctness or approximate correctness of the an- 
swers. 

1738. Certificates issued. — If, upon such examina- 
tion, it appears that the applicant is entitled to receive 
a certificate, the secretary of the board shall prepare 
a certificate in conformity with this article. The cer- 
tificate shall be signed by the secretary of the State 
board of examiners and the superintendent of educa- 
tion, and shall be transmitted to the teacher entitled 
to the same. 

1739. Examination papers kept on file six months. — 
All examination papers shall be kept on file in the office 
of the superintendent of education subject to public in- 
spection for six months. 

1740. (3579) (985) Lifetime of certificates.— Certit- 
icates granted under the provisions of this article shall 
entitle the holder to teach in the public schools of any 
county in this State for the following periods of time: 
A third-grade certificate, two years; a second-grade cer- 
tificate, four years; and a first-grade certificate, six 
years from the date of issuance of the same. 

1741. Life certificates. — Whenever any teacher ap- 
plying for a certificate shall make proof that he has 
been engaged for five years in teaching under a first- 
grade certificate, which proof the county superintend- 
ent of education shall transmit to the State board of 
examiners, and shall show a high degree of proficiency 
and professional attainment, such teacher may be 
granted a life certificate signed as prescribed for other 
certificates. 

1742. (Repealed.) 

1743. Revoking certificates. — The superintendent of 
education shall revoke the certificate of anv teacher who 



PUBLIC SCHOOL LAWS OF ALABAMA. 35. 

shall be guilty of immoral conduct or unbecoming or in- 
decent behavior. 

1744. Register of licensed teachers. — The secretary 
of the State board of examiners shall keep a register of 
all teachers examined and licensed under this article, 
showing the name and postoffice address of each teacher 
and the date and grade of his certificate, and shall keep 
the same on file in the office of the superintendent of 
education, and shall devote his time, when not engaged 
in the work of examining teachers, to clerical work in 
the department of education. 

1745. Separate districts. — The provisions of this ar- 
ticle shall not be construed as to prohibit separate 
school districts of two thousand inhabitants or more, 
having authority at present by their charter to examine 
teachers, to further examine teachers who have certifi- 
cates granted under this article. 

1746. (3578) Instruction as to the nature of alco- 
holic drinks and narcotics. — Every teacher shall give 
instruction as to the nature of alcoholic drinks, tobacco, 
and other narcotics, and their effect upon the human 
system, and such subject shall be taught as regularly 
as any other in the public schools. 

1747. Teaching agriculture in puhlic schools. — In 
addition to the branches now taught in the public 
schools, instruction shall be given in the elementary 
principles of agriculture, and said subject shall be 
taught as regularly as other branches are taught in said 
schools, by the use of a text-book in the hands of the 
pupils, and such instruction shall be given in all the 
public schools of the State. 

1748. (3580) (986) Register kept hg teacher and 
submitted. — Every teacher of a public school must keep 
a register of the actual daily attendance of the pupils 



36 PUBLIC SCHOOL LAWS OF ALABAMA. 

in his school, and must submit such register to the dis- 
trict trustees for their inspection. 

1749. (3581) (987) Monthly report; not entitled to 
compensation until forwarded. — Every teacher of a pub- 
lic school must, within five days after the end of each 
scholastic month, forward to the county superintendent 
of education a complete report, setting forth the enroll- 
ment, attendance, the branches taught, and the number 
of pupils in each, distinguishing between the boys and 
the girl-s, and stating whether a white or colored school ; 
also the number of days taught, the amount due for ser- 
vices from school revenues of the district, the number 
of visits by district trustees, and the name and post- 
office address of the teacher; and such report must be 
sworn to by the teacher before some one of the district 
trustees, and approved by them; and no teacher can 
draw any pay for the services rendered by him until he 
has forwarded his report in accordance with the re- 
quirements of this section. 

1750. (3582) (988) To he paid monthli/.— The teaeh- 
HTS of public schools shall be paid monthly, as provided 
in this chapter. 

CRIMINAL PROVISIONS OF PUBLIC SCHOOL 

LAW. 

6413. Injuring or defacing public or private build- 
ings ^ or fences thereof. — Any person who willfully in- 
jures or defaces any church, or schoolhouse, or building 
belonging to the State, or to any county, city, town, or 
person, or writes or draws figures, letters, or characters 
on the walls thereof, or on the fences or inclosures 
thereof, must, on conviction, be fined not less than ten 

[Schoolmaster stands in loco parentis and may, m a proper case, 
inflict corporal punishment; but is criminally liable for an abuse 
of his authority.— Boyd v. State, 88 Ala. 169; McCormack v. State, 
102 Ala. 156.] 



PUBLIC SCHOOL lAWS OF ALABAMA. 37 

nor more than one hundred dollars, and may also be 
imprisoned in the county jail, or sentenced to hard la- 
bor for the county, for not more than three months ; and 
the fine goes to the injured party. It shall not be nec- 
essary to aver or prove the o^vnership of any church or 
schoolhouse in prosecutions under this section. 

6769. Disturbing people met for school purposes or 
holiday. — Any person who willfully disturbs any school, 
or other assemblage of people, met for any lawful pur- 
pose, or for amusement or recreation on a holiday for 
a school, must, on conviction, be fined not less than five 
nor more than fifty dollars. 

, 6834. Embezzlement by using school money for other 
than school purposes. — Any person into whose hands, 
or under whose control, any of the public school money 
may come, who uses or permits the use of the same, or 
any part thereof, except for purposes of the public 
schools, and in accordance with the law regulating the 
public schools, and providing for the disbursement of 
the public school money, is guilty of embezzlement, and, 
on conviction, must be punished as if he had stolen it. 

6897. Shooting, throicing missiles into, etc., dicelUng 
and other houses. — Any person who shoots a pistol or 
other firearm or slingshot, or who throws a stone or 
other missile at, into, in, through, or against a dwelling 
house, school house, church building, factory storehouse, 
courthouse or house or building used for manufacturing 
purposes, or any house or building used for the assem- 
blage of people for business or pleasure, shall be guilty 
of a misdemeanor, and, on conviction thereof, shall be 
fined not more than one thousand dollars, and may be 
sentenced to hard labor for the county for not longer 
than twelve months. 

7750. Stealing examination questions, penalty for. 
— Any person who purloins, steals, buys, receives, sells, 



^8 PUBLIC SCHOOL LAWS OF ALABAMA. 

gives, or offers to buy, give, or sell any examination 
questions or copies thereof of any examination provided 
by law before the date of the examination for which 
they had been prepared shall be guilty of a misdemean- 
or, and, upon conviction thereof, shall be fined not less 
than one hundred dollars, and may be sentenced to hard 
labor for the county for not less than six months. 

7751. Use of other than contract hooks in public 
schools. — Any teacher who shall use or permit to be 
used in his or her school any text-book upon the 
branches for which text-books are adopted, where the 
commission has adopted a book upon the branch, other 
than the one so adopted, except supplementary books, 
shall be guilty of a misdemeanor, and, upon conviction, 
«hall be punished by a fine of not less than ten dollars 
nor more than fifty dollars. 

7752. Charging more than contract price for school 
books. — ^Any local agent, dealer, clerk, or other person 
handling or selling the books adopted as school text- 
books, who shall demand or receive for any copy of any 
of the books so adopted more than the contract price, in 
cases where the purchase is for cash, shall be guilty of a 
misdemeanor, and, upon conviction, shall for each of- 
fense be punished by a fine of not less than fifty nor 
more than five hundred dollars. 

7753. Text-hook provisions; violation of, penalty. — 
Any person or teacher violating the provisions of article 
18 of chapter 41 of this code as to text-books, shall be 
guilty of a misdemeanor, and, upon conviction, shall be 
fined not less than ten dollars nor more than fifty dol- 
lars. 

7754. Schoolhouse warrants or proceeds j, wrongful 
application of; penalty. — Any person who shall know- 
ingly use or apply or authorize the use or application 



PUBLIC SCHOOL LAWS OF ALABAMA. 39 

of the proceeds, or any part thereof, of any warrant de- 
livered to him under article 31 of chapter 41 of this 
code, for the purpose or objects other than as required 
by said articles, shall be guilty of a misdemeanor, and, 
on conviction, shall be fined not less than two hundred 
dollars nor more than one thousand dollars, and may 
also be imprisoned in the county jail or sentenced to 
hard labor for the county for not more than six months. 

7755. False or frauduleiit enumeration of school 
children; penalty for. — Any person appointed to make 
an enumeration of the children within school age of any 
public school district in this State as required by law, 
who shall knowingly make a false or fraudulent enum- 
eration or report of the number of children within 
school age residing in such district, shall be guilty of a 
misdemeanor, and, on conviction, shall be punished by 
a fine of not less than one hundred dollars nor more 
than five hundred dollars, and shall also be sentenced to 
hard labor for the county for not less than six months 
nor more than twelve months. 



AKTICLE 13. 
Children and Pupils Eligible to Public Schools. 

1755. (3595) (1000) Pupils entitled to instruction 
in public schools. — Every minor over the age of seven 
years shall be entitled to admission into, and instruc- 
tion in any public school of his or her own race or color 
in this State. 

1756. (3597) When nonresidents entitled to school 
privileges. — Any parent or guardian residing within the 
State who shall pay a local or special tax on real estate 
valued at five hundred dollars or more, in any city or 



40 PUBLIC SCHOOL LAWS OF ALABAMA. 

school district, shall be entitled to the privileges and 
benefits of the public schools in such city, or school dis- 
trict, for their children, the same as parents and guard- 
ians resident therein. The provisions of the charter of 
any municipality, or separate school district, in conflict 
herewith, are expressly repealed. 

1757. (3600) (1003) Separate schools for the tvyo 
races. — In no case shall it be lawful to unite in one 
school children of the white and colored races. 



AKTICLE 14. 

Examinations in PtJBLic Schools. 

1758. (3599) 1002) Public examiinutions , and cer- 
tificates to pupils. — Public examinations must be held 
in the public schools at least once in every year; and 
when the board of education shall be satisfied that any 
pupil has become thoroughly educated in all the 
branches of free instruction in any one of such schools, 
they shall give to him or her a certificate to that effect. 



ARTICLE 15. 

Scholastic Periods. 

1759. (3598) (1001) ^c/?o7as^ic pmotZs.— The scholas- 
tic year shall begin on the first day of October of each 
year, and end on the thirtieth day of September of the 
following year; twenty days shall constitute a school 
month, and a school day shall be not less than six 
hours. 



PUBLIC SCHOOL LAWS OF ALABAMA. 4I 

ARTICLE 16. 
Apportionment of School Fund; Disbursembnt- 

1760. (3601) (1004) ^tate auditor certifies amount 
of educational fund; superintendent apportions. — On 
the first day of October of each year, or as soon there- 
after as practicable, the State auditor shall certify to 
the superintendent of education the amount of money 
which has accrued and been placed by him to the credit 
of the educational fund for the scholastic year com- 
mencing on that day, stating specifically the amount de- 
rived from each source, and any unexpended balance 
there may be from the appropriation of the previous 
year to be carried forward ; and the amount so certified 
shall be apportioned by the superintendent of educa- 
tioD, and be drawn and disbursed as provided by law. 

1761. (3602, 3605) (1005, 1008) Contingent ex- 
penses and amount for normal schools set apart; resi- 
due apportioned. — As soon as such certificate is receiv- 
ed by the superintendent of education, he shall set 
apart the following amounts for normal schools, to-wit : 
For the normal schools at Florence, Troy, Jacksonville 
and at Livingston, twenty thousand dollars each; and 
for the normal schools at Moundville and Daphne, five 
thousand dollars each; and for other normal schools, 
such sums as are provided by law, and he shall then ap- 
portion all the remainder of such funds, as far as prac- 
ticable, among the several counties in the State in pro- 
portion to the number of school children of school age 
therein, according to the latest returns of enumeration 
of school population of the counties which have been 
made to his office, but if such enumerations have not 
been made as provided by law, or have not been report- 
ed to him by the county superintendent of education, 
and the superintendent of education has not caused a 
new enumeration to be made, he shall then apportion to 



42 PUBLIC SCHOOL LAWS OF ALABAMA. 

each county according to the best information he can 
obtain of the entire number of children of school age in 
such counties, but in no event shall he, in case of such 
failure to enumerate or report all the children of school 
age in the respective counties, estimate the school pop- 
ulation of any county at more than the last official re- 
port to his office. 

1762. (363) (1006) Amounts apportioned certified 
to auditor; no warrants drawn in excess; balance un- 
apportioned certified to treasurer. — As soon as such 
amounts have been set apart, and such apportionment 
has been made, the superintendent of education shall 
certify to the State auditor the amount set apart for 
each particular purpose or appropriation, and the total 
amount of the apportionment to the several counties, 
and the State auditor shall see that no warrants are 
drawn against the educational fund, for any purpose, 
for any amount in excess of the amounts so certified as 
set apart and apportioned; and he shall certify to the 
State treasurer the amount of the school revenue, ex- 
clusive of poll tax, unapportioned by the superintend- 
ent of education, and the treasurer shall set apart the 
amount out of any money received from the taxes of the 
current year, and he shall keep the same separate and 
apart from all other revenues, and shall not pay out any 
of such money except upon warrants for school pur- 
poses. 

1763. Superintendent must certify and report 
amount of school fund apportioned to the several coun- 
ties to the counti/ superintendents of ediwation. — As 
soon as practicable after the superintendent of educa- 
tion has apportioned to the several counties the amount 
of school funds in proportion to the number of school 
children of school age therein, he shall certify and re- 
port the amount to the respective county superintend- 
ents of education, or to the county board of education 



PUBLIC SCHOOL LAWS OF ALABAMA. 43 

in case there is no county superintendent of education, 
taJiing their receipts for such amounts so certified. 

1764. (-3604) (1007) Interest on sixteenth-section or 
other trust fund first set apart; effect of apportionment. 
— In making the apportionment of school money to 
the several districts, the superintendent of education 
shall first set apart to each township or other school dis- 
trict the amount due from the State thereto as interest 
on its sixteenth-section fund, or other trust fund held 
by the State; and all townships or school districts, hav- 
ing an income from .such source, or from the lease or 
sale of sixteenth-section lands, shall not receive any- 
thing out of the balance of the educational fund to be 
apportioned, until all other townships or school dis- 
tricts, having no trust fund shall have received from 
the general fund such amount as will give then an equal 
per capita apportionment with the townships or dis- 
tricts having such income. 

1765. Apportionment of school funds to school dis- 
tricts of the several counties. — As soon as practicable 
after the superintendent of education has apportioned 
the school funds to the several counties and has certi- 
fied the same to the county superintendents of educa- 
tion, the county boards of education shall apportion the 
funds awarded to their county to the several school dis- 
tricts in their counties, so as to provide, as nearly as 
practicable, school terms of equal duration in such 
school districts. 

1766. Report of apportionment by county boards of 
education to superintendent of education. — As soon as 
practicable after the county boards of education have 
apportioned the school funds of their county for any 
scholastic year to the several school districts, they shall 
report in writing their proceedings to the superintend- 



44 PUBLIC SCHOOL LAWS OF ALABAMA. 

ent of education, showing the amounts apportioned to 
the several school districts. 

1767. County hoards must keep record of apportion- 
ment. — County boards of education must keep a record 
of each and every apportionment of school funds of 
their counties to the several school districts. 

1768. (3606) (1009) Apportionment recorded, and 
certified to county superintendents; when contracts for 
schools invaUdl — ^As soon as such apportionment is 
completed, the superintendent of education shall have 
the same recorded in his office, in books kept for that 
purpose, showing the amount which has been appor- 
tioned to each district, and the sources from which the 
same was derived, the amount to each district, and the 
number of children in the district upon which the ap- 
portionment was based; and he shall then furnish to 
each county superintendent of education a certified 
copy from such books, showing the dividends of the ed- 
ucational fund to each township or district under the 
latter's supervision ; and the amount so divided and cer- 
tified shall be the total amount which each of said 
school districts shall be entitled to receive from the 
State, except the poll tax, during the current scholastic 
year; and no contract to pay any school or schools, for 
any district more than the amount thus apportioned to 
it, together with such poll tax as it may receive, and 
such funds as may be in hand from any previous year, 
shall be valid against the State or township. 

1769. (3607) (1010) Poll ta(v received hy each county. 
— Each county shall receive as school money all the 
poll tax collected therein ; and the same shall be its full 
distributive share of the aggregate poll tax collected in 
this State. 

(See Section 2199 of the Code.) 



PUBLIC SCHOOL LAWS OF ALABAMA. 45 

1770. (3609) (1012) Amounts due each county ap- 
portioned and certified to auditor. — The superintendent 
of education shall, by the tenth day of October in each 
year, or as soon thereafter as practicable, apportion to 
every county the amount of school money such county 
will be entitled to receive for the scholastic year from 
all sources except such special tax, if any, levied for 
school purposes in any county; and he shall certify the 
same to the State auditor. 

1776. (3617) (1016) Apportionment and expendi- 
ture of local school money. — All local school funds 
raised for the support of public schools by taxation or 
otherwise shall be apportioned and expended in the dis- 
irict or districts or counties in which the same were 
raised, under such rules and regulations as the district 
trustees, or other local authority provided by law, may 
prescribe; but this section shall not be construed to 
repeal any provision for the apportionment and dis- 
bursement of moneys mentioned in this chapter, or pro- 
vided for in special or local laws; and all funds con- 
tributed by persons, or otherwise, to such district, shall 
be applied as indicated in the grant from such contrib- 
utors; and no school moneys distributed to the various 
counties from the State school revenue shall, either di- 
rectly or indirectly, be paid for the erection of school- 
houses, for the use of schoolroom furniture, or any 
other contingent expenses of schools. 

1777. (3618) (1017) Apportionment of income from 
trust fund when toumship divided. — Whenever a town- 
ship or district which has an income from a trust fund 
is divided by a State or county line, or otherwise, into 
separate districts, or includes a city which is a separate 
school district, such income must be divided between 
and apportioned to each school district in such town- 
ship or district, according to the school population of 
each. 



46 PUBLIC SCHOOL LAWS OF ALABAMA. 

1778. (3620) (1019) Fund once apportioned, not 
used for other purposes until reapportioned. — Funds 
which have accrued and have been apportioned to any 
district or race shall not be used for the benefit of any 
other district or race until the same shall have been re- 
apportioned under the provisions of this code. 

1779. (3621) (1020) What part of income new dis- 
tricts are entitled to. — Whenever any separate school 
district is created, which shall embrace parts of two or 
more districts, such district shall receive its proportion- 
ate share of the income from any trust fund belonging 
to either or both of such districts, according to its school 
population. 

1780. (3622) (1021) Contingent fund for depart- 
ment of education. — The State treasurer shall annually 
set apart, out of any money in the treasury, the some of 
three thousand dollars as a contingent fund for the de- 
partment of education; and whenever it shall become 
necessary to draw on such fund, the superintendent of 
education shall certify the amount necessary, and for 
what purpose, to the auditor, w^ho shall draw his war- 
rant on the treasurer for such amount. The superin- 
tendent of education shall keep an accurate account of 
all sums w^hich he shall certify to be paid out of such 
contingent fund, and shall furnish an itemized state- 
ment thereof to the governor each year, with his an- 
nual report. Out of this fund the superintendent of 
education shall also provide plans, specifications and 
blue prints for the use of such rural school districts as 
may desire to erect, with State aid, new school build- 



PUBLIC SCHOOL LAWS OF ALABAMA. 47 

ARTICLE 17. 
School Lands; Lease and Sale. 

178L (3625) (1023) (962) (575) (501) What are 
school lands, and in whom vested. — School lands, with- 
in the meaning of this code, are sections numbered six- 
teen, in every township granted by the United States 
for the use of schools in the township, and such other 
lands as may have been granted to any township or dis- 
trict for the use of schools; and all school lands are 
vested in the State in trust to execute the objects of the 
grant. 

(Note. — This article makes sales of sixteenth section 
and indemnity lands uniform.) 

1782. (3661)^a?e of school and indemnity laMs om- 
thorized. — The superintendent of education is author- 
ized and empowered to sell and dispose of all school 
lands, together with those which have been heretofore 
or may hereafter be certified to the State for the use 
and benefit of the several townships or districts in 
which was a deficiency in the amount of land originally 
certified to the State for their benefit, subject to the 
approval of the governor. 

1783. Consent of inhabitants of township or district 
to sale of land. — No school lands, except indemnity 
lands, shall be sold without the consent of the inhabi- 
tants of the township or district in which such lands are 
located. Said consent to be obtained and shown by a 
petition in writing addressed to the superintendent of 
education requesting and consenting to the sale of such 
lands signed by a majority of the legally qualified vot- 
ers of the township or district, which petition must be 
verified by the affidavit of at least three of the signers, 
that a majority of the inhabitants of the townsliip or 
district in which the lands are situated desire a sale 



48 PUBLIC SCHOOL LAWS OF ALABAMA. 

thereof and that the persons making and signing said 
petition constitute a majority of the qualified electors 
residing in said township or district. 

1784 (3646) (1044) (986) (607) (537) Resale of 
lands — If any purchaser fails to make the payment, or 
give his notes with approved securities, and secured by 
a mortgage on the land, as required, the land bid off 
by him must be immediately resold, if practicable, but 
if not practicable to make the resale at once, it must be 
resold at a future day, as if no sale had been made ; and 
the first purchaser shall be responsible for the differ- 
ence between his bid and the amount for which the land 
is subsequently sold, if such amount is less than the bid 
of such first purchaser. 

1785. (3662) Proceeds of sale; how disposed of. — 
The proceeds arising from such sales, after the payment 
of all proper costs and expenses thereof, shall be, by the 
superintendent of education, paid into the State treas- 
ury to the credit of the counties, townships, or school 
districts to which the same may belong in the propor- 
tion of their interest therein, so as to carry out the ob- 
ject and purposes of the original grants, gifts, or laws 
by which such lands were acquired for school purposes, 
as nearly as practicable under the existing school laws. 

1786. (3663) Notes taken hy superintendent of edu- 
cation held until paid; when placed with the attorney 
general. — All notes taken by the superintendent of edu- 
cation for the purchase of such lands must be secured 
by mortgage and must be held by him until the same are 
due, and if not then paid, may be placed with the attor- 
ney-general for collection. 

1787. (3664) Manner and terms of sale. — Such sales 
may be made from time to time, at public or private 
sale, as in the judgment of the superintendent of edu- 



PUBLIC SCHOOL LAWS OF ALABAMA. 49 

cation shall best promote the interest of the school fund 
of the State, and shall be for cash, or part cash and part 
on time, as the superintendent of education and the 
governor may deem best; but in no case shall there be 
less than one-fourth of the purchase money paid in cash, 
and the remainder .shall be paj^able in yearly install- 
ments to extend over a period of not more than three 
years, and shall be secured by notes with sureties and 
by mortgage on the land to be approved by the super- 
intendent of education, and shall bear interest from the 
date of the sale. 

1788. (3626) (1025) (967) (588) (519) Tunber lots 
reserved — The superintendent of education may select 
such lots as he thinks proper, to reserve from culti- 
vation for the benefit of the timber thereon, and must 
mark the same ^^reserved" on the plat thereof. 

1789. (3631) (1030) (972) (593) (524) Timber lots: 
Jiow used — The lots reserved for timber are for the com- 
mon benefit of the lessees of the other lots ; but no tim- 
ber must be cut down, injured, or destroyed, as long- 
as there is sufficient on the other lots, which the super- 
intendent of education is to determine; and the lessees 
must in no case cut down, injure, or destroy such tim- 
ber without permission from the superintendent of edu- 
cation, which may be given on such terms as he may 
think proper, having due regard to the interest of the 
township or district. 

1790. (3632) (1031) (973) (594) (525) Penalty for 
V( juries to timber. — Any person who, without authority 
cuts do^vn, boxes, injures, or destroys any tree on 
scliool lands shall forfeit and pay for every such tree 
ten dollars, to be recovered before any court liaving 
jurisdiction, in the corporate name of the township, or 
the school district in which such lands are located. 

4 SL 



50 PUBLIC SCHOOL LAWS OF ALABAMA. 

1791. (3633) (1032) (974) (595) (526) Fines paid 
into treasury for school fund. — All fines and forfeitures 
under the preceding section shall be paid into the State 
treasury, and added to the principal sum of the school 
fund of the township. 

1792. (3647) (1045) (987) (608) (538) Certificate 
purchase. — ^The superintendent of education, on receiv- 
ing from the purchaser the cash payment, and his notes 
and mortgages for the deferred payments, must give to 
him a certificate of purchase, describing the lands pur- 
chased, and showing the number of acres and the 
amount of the purchase money. 

1793. (3648) (1046) (988) (609) (539) Effect of 
certificate of purchase. — Such certificate conveys to the 
purchaser, his heirs, or assigns, a conditional estate in 
fee, to become absolute on the payment of the purchase 
money and interest, and to revert to the State for the 
uses originally granted in the following cases: 

1. When all the notes have become due, and the 
makers have left the State or died insolvent. 

2. When a recovery on such notes is defeated by any 
defense avoiding the contract of sale. 

3. When a recovery is had against all the makers, 
and execution has been returned ''no property" by the 
proper officer of the county in which the township or 
district lies; or when judgment is had and execution re- 
turned against any one or more of such makers ''no 
j)roperty," and the others have left the State, or died 
insolvent. 

1794. (3649) (1047) (989) (610) (540) Revesting 
of title; clerk to certify facts; penalty for failure; costs. 
— No proceeding is necessary to revest the title in the 
State on the happening of the events specified in the 
preceding section, but such lands may be recovered in 
the name of the State, for the use of the township or 



PUBLIC SCHOOL LAWS OF ALABAMA. 51 

district, against any person in possession of the same, 
upon proof of the facts; and it is the duty of the clerk 
of the court in which the suit is pending, or the judg- 
iiient recovered, to certify the facts to the superintend- 
ent of education, on the happening of the events speci- 
fied in the second and third subdivisions of the preced- 
ing section, and failing to do so within a reasonable 
time, he forfeits the sum of one hundred dollars; one- 
half to the person suing for the same, and the other to 
the State for the use of the township or district. When 
no money is recovered in suits on notes for purchase 
money of school lands, no costs must be taxed against 
the township or district for such suits. 

1795. (3651) (1049) (991) (613) (543) Fines to go 
school fund. — The amount received by the State upon 
recoveries had under the last preceding section is .to be 
added to the principal of the school fund of the town- 
ship or district 

1796. (3652) (1050) (992) (614) (544) Patents.— 
A patent issues, on the payment of the purchase money, 
to the purchaser, his heirs, or assigns; and when the 
patent is to the heirs, it vests a title in all persons en- 
titled to claim in that capacity under the provisions of 
this code. 

1797. (3653) (1051) (993, 996) (615, 616) Issue of 
patent hy secretary of State; correction of mistake. — 
The secretary of State must issue patents, upon satis- 
factory evidence furnished him of full payment of pur- 
chase money, to any person, agent, or other officer legal- 
ly authorized to receive such payment; and upon proof 
of a mistake in the issue of any patent, he must correct 
the same or issue a new patent on the return of the 
original to his office. 

1798. (3654) (1052) (995) (617) (545) Issue of 
patents in other ca.'^es. — Except under the provisions of 






52 PUBLIC SCHOOL LAWS OF ALABAMA. 

the preceding section, no patent must issue without the 
certificate of the superintendent of education that the 
whole amount of the purchase money specified in the 
certificate, with all interest thereon, has been paid. 

1799. (3655) (1053) (998) Collection of past due 
notes. — All notes for school lands held by or deposited 
with the superintendent of education, if not paid within 
six months after maturity, must be placed with the at- 
torney-general for collection ; but this section shall not 
be so construed as to prevent the superintendent of edu- 
cation from ordering suit on notes at any time after ma- 
turit}^, when so ordered by the sureties on the notes. 

1800. (3656) (1054) (999) Appointment of agents 
for collection of notes. — The superintendent of educa- 
tion may appoint agents for surveying, mapping, or 
platting school lands and for the collection of notes for 
purchase money of land, being responsible for any neg- 
lect on the part of such agents. 

1801. (3657) (1055) (1000) Township credited toith 
collection on notes. — All collections on notes given for 
the sale or lease of school lands must be paid into the 
treasury of the State, to the credit of the proper town- 
ship or district. 

1802. (3658) Proceeds of school lands covered into 
treasury; faith and credit of State pledged for payment 
of interest. — All funds now in the State treasury de- 
rived from the sale of sixteenth-section or other school 
lands, or which may hereafter accrue from sales of such 
lands, together with the redemption money of other 
lands in Avhich former accumulations have been invest- 
ed under an act approved March 1, 1881, entitled "An 
act to authorize the compromise and settlement of 
claims for school lands in this State,'' are covered into 
the State treasury and made available for general pur- 



PUBLIC SCHOOL I AWS OF ALABAMA. 53 

poses; and the faith and credit of the State is pledged 
for the payment of the interest on such fund to the pub- 
lic schools of the State, at the rate of six per cent per 
annum. 

1803. (3665) Lease of school and indemnity lands. 
— The superintendent of education may, with the ap- 
proval of the governor, lease out all or any of the school 
and indemnity lands for a term not exceeding five (5) 
years, or may enter into a contract or contracts permit- 
ting persons to mine all coal or other minerals there- 
from, or to take therefrom oil or gas or either, upon a 
royalty for a term not exceeding twenty (20) years; 
and the net proceeds of all money received from the 
lease of such lands or the royalty for the minerals min- 
ed therefrom or the oil and gas or either, taken there- 
from shall be paid into the State treasury monthly to 
the credit of the townships to which such lands belong 
in the proportion of their interest therein. 

1804. Compromise; hoard of, as to school lands. — 
The governor, superintendent of education, and attor- 
ney-general are constituted a board of compromise for 
the purpose of examining into the title or claim of the 
State to any sixteenth-section or other school lands 
which have illegally passed out of the possession of the 
State, or which have heretofore been disposed of by the 
State and not paid for. The board may take all action 
necessary to recover any such lands, or, if deemed best, 
may settle and compromise any conflicting claims there- 
to between the State and persons claiming the 'land. 
When any compromise or settlement is made the sec- 
retary of State shall, upon the order of the board of 
compromise, issue patents to the land the claims to 
which have been so compromised. 



54 PUBLIC SCHOOL LAWS OF ALABAMA. 

NORMAL SCHOOLS. 

Alabama has nine normal schools, six for the white 
race and three for the colored race. 

Four of the normal schools for the white race receive 
annualh^ an appropriation of .|20,000 each from the 
State and these schools are located at Florence, Troy, 
Jacksonville and Livingston. Two of the normal 
schools for the white race receive annually an appro- 
priation of |5,000 each from the State and these schools 
are located at Daphne and Moundville. All of the white 
normal schools are controlled and governed by an act 
approved April 18, 1911. This act creates a State board 
of eight members, consisting of the governor, the super- 
intendent of education, and six members appointed by 
the governor. 

Several appropriations were made by the legislature 
of 1911 to the normal schools for dormitories and build- 
ings but these appropriations can be paid only on the 
approval of the governor, as in his opinion the state of 
the treasury may warrant and the governor may ap- 
prove the payment in whole or in part from time to 
time. These appropriations are as follows : 

The Livingston Normal School, |40,000; Troy Nor- 
mal School, 140,000 ; the Florence Normal School, |50,- 
000; the Jacksonville Normal School, $60,000; the 
Daphne Normal School, $10,000; the Moundville Nor- 
mal School, f 10,000; the Montgomery Normal School 
for colored students, $15,000. 

The three schools for the colored race are located at 
Tuslregee, Normal (near Huntsville), and Montgomery. 
The school at Tuskegee receives an annual appropria- 
tion of |4,500 from the State, the one at Normal 
an annual appropriation of |4,000 from the State, and 
the one at Montgomery an annual appropriation of 
116,000 from the State. 

Some of the Normal schools receive revenue from 
other sources, such as the Peabody Fund, Slater Fund, 



PUBLIC SCHOOL LAWS OF ALABAMA. 55 

Morrill Fund, etc., and all of the schools receive some 
revenue from matriculation fees, incidental fees, etc. 

The three normal schools for the colored race are 
governed and controlled by special acts of the Legisla- 
ture. 

The act governing the Tuskegee Normal and Indus- 
trial Institute was approved February, 1893, and the act 
governing the Montgomery Normal School was approv- 
ed February 23, 1889. The acts governing the Hunts- 
ville State Colored Normal and Industrial Institute 
were approved December 9, 1873, and February 17, 
1885. Sections 1258, 1259 and 1260 of the Code of 1876 
also relate to this school, and an act approved February 
13, 1891, relating to the division of the Morrill Fund 
gives the Huntsville Normal School that part of the 
Morrill Fund belonging to the colored race. 

AGRICULTURAL SCHOOLS. 

Alabama has nine agricultural schools located in the 
various congressional districts of the State. These 
schools each receive for maintenance an annual appro- 
priation of |7,500, but $3,000 of this annual appropria- 
tion to each school is payable on the approval of the 
governor in whole or in part from time to time, as in 
his opinion, the condition of the treasury may warrant. 
Not less than one thousand five hundred dollars must 
be used by each school in making agricultural experi- 
ments and in operating a department of domestic 
science and farm mechanics. In addition to the above, 
the schools also receive some revenue from matricula- 
tion and incidental fees. 

The First District Agricultural School is located at 
Jacksonville, the Second at BVergreen, the Third at 
Abbeville, the Fourth at Sylacauga, the Fifth at We- 
tumpka, the Sixth at Hamilton, the Seventh at Albert- 
ville, the Eighth at Athens, and the Ninth at Blounts- 
ville. 



56 PUBLIC SCHOOL LAWS OF ALABAMA. 

The agricultural schools are governed by Sections 
59-60 of the Code of 1907 as amended April 22, 1911, 
and also by rules and regulations made by the execu- 
tive committee of these schools. The governor, the su- 
perintendent of education, and the commissioner of ag- 
riculture compose the executive committee. Each school 
is governed by a board of control composed of the exec- 
utive committee named above and two members ap- 
pointed by the governor from the congressional district 
in which the school is located. 

The following appropriations were made by the leg- 
islature of 1911 for the purpose of constructing and 
equipping dormitories and other buildings for the 
schools, but these appropriations are paid only on the 
approval of the governor, as in his opinion, the state 
of the treasury may warrant: 

The Second"^ District Agricultural School, |10,000; 
the Third District Agricultural School, |10,000; the 
Fifth District Agricultural School, |7,500; the Sixth 
District Agricultural School, f 25,000 ; the Seventh Dis- 
trict Agricultural School, |10,000; the Ninth District 
Agricultural School, |10,000. 



AKTICLE 18. 

Text-Book Commission; Members, Appointment of. 

1805. Text-hook conumission; how constituted. — On 
or before March 1st, 1908, the governor shall select and 
appoint nine educators of known character and ability, 
men well acquainted with arranging courses of study 
and engaged in public school work, one from each con- 
gressional district, who, together with himself and the 
State superintendent of education, shall constitute the 
text-book commission of Alabama. 



PUBLIC SCHOOL LAWS OF ALABAMA. 57 

1806. Oath of commissioners. — Before traDsacting 
any business pertaining to the duties of this commission, 
rhev shall each take an oath before some pervson author- 
ized to administer oaths, to faithfully discharge all the 
duties imposed upon them as members of said text-book 
commission, and that thev have no interest, directly or 
indirectly, in any contract that may be made under this 
article, and receive no personal benefit therefrom. 

1807. Commission; organization of. — The text-book 
commission shall immediately after their appointment 
meet and organize, the governor being president of the 
commission and the superintendent of education secre- 
tary of said commission. 

1808. Duties of commisson. — It shall be the duty of 
.^aid commission to select and adopt a uniform series 
of text-books for use in the public schools of the State 
for a period of five years. 

1809. Unlaicfiil to use other hooks than those select- 
ed. — It shall be unlawful for any school official, direc- 
tor or teacher to use any books upon the same branches 
other than those adopted by said State text-book com- 
mission. 

1810. Branches of study for ichich books selected. — 
Said uniform series shall include the following branches 
of study, to-wit: Orthography, reading, writing, arith- 
metic, geography, grammar, language lessons, history of 
Alabama containing the constitution of the State, his- 
tory of the United States, elementary physiology and 
liygiene, elementary principles of agxictilture, and such 
other branches of study as properly belong to a common 
school course. 

1811. Partisan or sectarian hooks forhidden. — None 
of said text-books shall contain anything of a partisan 
or sectarian character. 



58 PUBLIC SCHOOL LAWS OF ALABAMA. 

1812. Books selected may he dropped. — The text- 
book commission shall have the power by three-fourths 
vote to drop an unsati.s factory book at the end of any 
school year during the continuance of the contract and 
to make another adoption. 

1813. Qualities and merits of hooks to control in se- 
lection. — The text-book commission shall consider the 
merits of each book, taking into consideration their sub- 
ject-matter, the printing, binding, material, and me- 
chanical qualities, and their general suitability and 
desirability for the purpose intended, as well as the 
price of said books, but no text-book the subject-matter 
of w^hich is of inferior quality shall be adopted by the 
text-book commission. Said commission shall select 
and adopt such books a.s will, in their best judgment, 
accomplish the ends desired. 

1814. Desirahle hooks; ichen price too high. — In ease 
any book or books are deemed suitable for adoption and 
more desirable than other books of the same class sub- 
mitted, and they further consider the price at which 
the books are offered to be unreasonably high, and that 
they should be offered at a smaller price, the commis- 
sion shall immediately notify the publisher or author 
of such book or books of their decision, and request such 
reduction in price as they deem reasonable and just, and 
if they and such publishers shall agTee on a price they 
may adopt his book or books, but if not, they shall use 
tlieir own sound judgment and discretion whether they 
will adopt that or the books which are deemed by them 
next best in the list published. 

1815. Advertisement for hids. — As soon as practica- 
ble, not later than thirty days after its organization, 
the commission shall advertise in such manner and for 
such length of time and at such places as may be deem- 
ed advisable, that at a time and place fixed definitely in 



PUBLIC SCHOOL LAWS OF ALABAMA. 59 

said advertisement, sealed bids or proposals will be re- 
ceived from the publishers of school text-books for fur- 
nishing- books to the public schools in the State of Ala- 
bama, through such agencies in the several counties, and 
places in the several counties in the State, as may be 
I^rovided for in such regulations as said commission may 
adopt and prescribe. 

1816. Bids; specifications, requisites, and contents of. 
— The bids or proposals shall be for furnishing the 
books for a period of five years and no longer, and that 
no bid for a longer period will be considered. Said bids 
shall state specifically and definitely the price at which 
the books will be furnished, and shall be accompanied 
by one or more specimen copies of each and every book 
proposed to be furnished. 

.1817. Deposits as security for performance of hid. — 
It shall be required of each bidder to deposit with the 
treasurer of the State a sum of money such as the com- 
mission may require, not less than five hundred dollars 
nor more than twentv-five hundred dollars, accordins^ to 
the number of books each bidder may propose to supply, 
and notice shall further be given in such advertisement 
that such deposits shall be forfeited absolutely to the 
State if the bidder making the deposit shall fail or re- 
fuse to make and execute such contract and bond as is 
hereinafter required, within such time as the commis- 
sion may require, which time shall also be stated in the 
advertisement. 

1818. Bids sealed and deposited. — All bids shall be 
sealed and deposited with the secretary of State, to be 
by him delivered to the commission when they are in 
executive session, for the purpose of considering tlie 
same, when they shall be opened in the presence of the 
commission. 



go PUBLIC SCHOOL LAWS OF ALABAMA. 

1819. Bids opened, examined, and contract awarded. 
— The text-book commission shall meet at the time and 
place designated in such notice or advertisement, and 
take out the sample or specimen copies submitted upon 
which the bids are based. When the members have ex- 
amined all books submitted until thoroughly satisfied, 
it shall be the duty of said text-book commission to meet 
in executive session to. open and examine all sealed pro- 
posals submitted and received in pursuance of the no- 
tice or advertisement provided for in section 1815 of 
tliis code. The commission shall then examine and care- 
fully consider such bids or proposals and determine in 
the manner provided in the preceding section of this 
article what book or books shall be selected for adop- 
tion, taking into consideration the size, quality as to 
Ksubject-matter, material, printing, binding, and the me- 
chanical execution and price, and the general suitabil- 
ity for the purpose desired and intended; all books se- 
lected and adopted shall be written or printed in Eng- 
lish. 

1820. Notification to pnhlishers of contracts award- 
ed. — ^After their selection for adoption shall have been 
made, the said commission shall by registered letter no- 
tify the publishers or proposers to whom contracts have 
been awarded. 

1821. Contract; preparation, execution, and filing 
of. — The attorney-general of the State shall prepare the 
said contract or contracts in accordance with the terms 
and provisions of this article, and the said contract shall 
be executed by the governor and secretary of State with 
the seal of the State attached upon the part of the State 
of Alabama, and the said contract shall be executed in 
triplicate, one copy to be kept by the contraetor, one 
copy by the secretary of the text-book commission and 
copied in full in the minutes of said commission and 



PUBLIC SCHOOL LAWS OF ALABAMA. Qi 

one copy to be filed in the office of the secretary- of 
State. 

1822. Bond of contractor; preparation, execution, 
and conditions of. — At the time of the execution of the 
contract aforesaid the contractors shall enter into a 
bond in the sum of not less than ten thousand dollars 
nor more than thirty thousand dollars, payable to the 
State of Alabama, the amount of said bond within said 
limits to be fixed by said commission conditioned for the 
faithful, honest, and exact performance of the contract, 
and shall further provide for the payment of reasonable 
attornej^'s fees in case of recovery in any suit upon the 
same, with three or more good, solvent sureties, actual 
citizens and residents of the State of Alabama, or any 
guaranty company authorized to do business in the 
State of Alabama may become surety on said bond. The 
attorney-general shall prepare said bond and approve 
the same. The said bond .shall not be exhausted by a 
single recovery, but may be sued on from time to time 
until the full amount shall be recovered; and the said 
commission mav at anv time, bv giving thirtv davs' no- 
lice, require additional security or additional bond, 
within the limits prescribed. 

1823. Deposits returned after execution of bond. — 
When any person, firm, or corporation shall have been 
awarded a contract and submitted therewith the bond 
as required in this article, the commission through its 
secretary shall so inform the treasurer of the State, and 
the treasurer .shall return such contractor the cash de- 
posit made by him, and the commission through its sec- 
retary shall inform the treasurer of the names of the 
unsuccessful bidders or proposers, and the treasurer 
shall, upon receipt of this notice, return to theiu the 
amount deposited in cash by them at the time of tlie 
submission of their bid. 



62 PUBLIC SCHOOL LAWS OF ALABAMA. 

1824. Failure to execute contract or hond; conse- 
quence of. — Should any person, firm, company, or cor- 
poration fail or refuse to execute the contract and sub- 
mit therewith his bond as required by this article within 
thirty days of the awarding of the contract to him and 
(provided the mailing of the registered letter shall be 
sufficient evidence that the notice was given and re- 
ceived), the cash deposit will be deemed forfeited to the 
State of Alabama, and the treasurer shall place such 
cash deposit in the treasury of the State to the credit 
of the general school fund. 

1825. Recovery on bond for benefit of fund. — Any re- 
covery had on any bond given by any contractor shall 
inure to the benefit of the said fund of the State, and 
when collected shall be placed in the treasury to the 
credit of the said fund and be prorated among the sev- 
eral counties of the State. 

]I826. Books furnished must he equal to specimens. 
— The books furnished under any contract shall at all 
times during the existence of the contract be equal to, 
in all respects, the specimens or sample copies furnish- 
ed with bids. 

1827. Secretary of State preserves sample copies and 
fu7^nis]tes to superintendent. — The secretary of State 
shall carefully preserve in his office as the standard of 
quality and excellence to be maintained in such books 
during the continuance of such contracts the specimens 
or sample copies of all books which have been made the 
basis of any contract, together with the original bid or 
proposal, and the contractor shall also furnish each 
county superintendent of education like specimen or 
sample copies, Avhich shall be preserved by him in like 
manner, and the same shall always be open to the in- 
spection of the public. 



PUBLIC SCHOOL LAWS OF ALABAMA. 63 

1828. Contract and exchange price printed on hack 
of hooks. — All contractors shall print on the back of 
each book the contract price, as well as the exchange 
price at which it is agreed to be furnished, but the books 
submitted as specimen or sample copies with the orig- 
inal bids shall not have the price printed on them before 
they are submitted to the commission. 

1829. Piice of hooks for this State shall not exceed 
that of others. — The text-book commission shall not in 
any case contract with any person or publisher for the 
use of any books which are to be sold to patrons or used 
in any public school in this State at a price above or in 
excess of the price at which such book or books are fur- 
nished by said person or publisher under contract to 
any State, county, or school district in the United 
States under like conditions prevailing in this State 
and under this article. It shall be stipulated in each 
contract that the contractor has never furnished and is 
not now furnishing under any contract any State, coun- 
ty, or school district in the United States where like 
conditions prevail as are prevailing in this State under 
this article, the sam.e book or books as are embraced in 
said contract at a price below or less than the price 
stipulated in the said contract, and the said commission 
at any time they may find that am^ book has been fur- 
nished at a lower price under contract to any State, 
county or school district aforesaid, shall sue upon the 
bond of said contractor and recover the difference be- 
tween the contract price and the lower price at which 
they find the book or books have been sold, and in case a 
contractor shall fail to execute, specifically, the terms 
and provisions of his contract, said commission shall 
bring suit upon the bond of such contractor for the re- 
covery of damages, the suit to be in the name of the 
State of Alabama, and the recovery for the benefit of 
the public school fund. 



64 PUBLIC SCHOOL LAWS OF ALABAMA. 

1830. Changing or altering contract. — The commis- 
sion and any contractor agreeing thereto may in any 
manner change or alter any contract, provided a major- 
ity of the commission shall agree to the change and 
think it advisable and for the best interest of the public 
schools of the tSate. 

1831. Majority controls. — In all matters unless oth- 
erwise provided a majority of said commission shall 
control. 

1832. State not liable to any contractor. — It shall 
always be a. part of the terms and conditions of every 
contract made in pursuance of this article, that the 
State of Alabama shall not be liable to any contractor 
in any manner, in any sum Avhatsoever, but all such 
contractors shall receive the pay or consideration in 
compensation solely and exclusively derived from the 
proceeds of the sale of books, as provided for in this 
article. 

1833. Old books exchanged for new. — The commis- 
sion shall stipulate in the contract for the supplying of 
any book as provided in this article that the contractor 
or contractors shall take up the school books now in use 
in this State, and receive the same in exchange for new 
books at a price not less than fifty per cent of the con- 
tract price. Such exchange period shall not continue 
longer than one vear from the date of contract. Each 
person or publisher making a bid for the supplying of 
any book or books under this article shall state in such 
l)id or proposal the exchange price at which such book 
or books will be furnished. 

1834. Rejecting bids or proposals. — The text-book 
commission shall have and reserve the right to reject 
any and all bids or proposals if they shall be of opinion 
that any or all should for any reason be rejected. 



PUBLIC SCHOOL LAWS OF ALABAMA. 65 

1835. Re-advertisement for bids. — In case the com- 
inission fails from among the bids or proposals to select 
or adopt any book or books upon any of the branches 
mentioned in previous sections of this article, they may 
re-advertise for sealed bids or proposals under the same 
terms and conditions as before, and proceed in their in- 
vestigations in all respects as they did in the first in- 
stance, and as required by the terms and provisions of 
this article. 

1836. Bids for copyright and manuscripts. — The 
commission may advertise for sealed bids or proposals 
from authors or publishers of text-books who have man- 
uscripts of books not yet published, for prices at which 
they will publish and furnish in book form such manu- 
scripts, or for prices at which they will sell such man- 
uscripts, together with the copyright with such books 
for use in the public schools of Alabama, proceeding in 
all respects in like manner as before. Before accepting 
or rejecting any manuscript it shall be the duty of the 
commission to take the manuscript and advertise for 
sealed bids or proposals for publishing the same in book 
form, in like manner as provided in this article, and 
under the same restriction and condition, and the con- 
tract may be let for the publication of all such books or 
for any one or more separately. The State itself shall 
not under any circumstances enter into any contract 
binding it to pay for the publication of any book or 
books, but in the contract with the owner of the manu- 
script it shall be provided that he shall pay the compen- 
sation to the publisher for the publication and putting 
in book form the manuscript, together Avith the cost and 
expense of copyrighting the same; and provided that in 
all cases bids or proposals shall be accompanied Avith 
the cash deposit of from five hundred to twenty-five liun- 
dred dollars, as the commission may direct, and as pre- 
viously provided in this article. 

5 SL 



QQ PUBLIC SCHOOL LAWS OF ALABAMA. 

1837. Manuscripts or printed form of matter pro- 
posed to he incorporated in hook. — Any person, firm, or 
corporation now doing business, or proposing to do bus- 
iness in the State, shall have the right to bid for the 
contract to be awarded under this article in the manner 
as follows : In response to the advertisement, when 
made as hereinabove provided, said person, firm, or cor- 
poration may submit in writing bid or bids to edit or 
have edited, publish and supply for use in the public 
schools in this State, any book or books herein provided 
for, provided that instead of filing with said bid or pro- 
posals a sample or specimen copy of each book pro- 
posed to be furnished, he may exhibit to the commission 
a manuscript or printed form of the matter proposed to 
be incorporated in any book, together with such a de- 
scription and illustration of the form and -style thereof 
as would be fully intelligible and satisfactory to said 
commission, or they may submit a book or books, the 
equal of which in every way they propose to furnish, 
and they shall accompany their bid or proposal with the 
cash deposit and execute a contract and bond as herein- 
before provided. 

1838. Proclamation of governor announcing con- 
tract. — As soon as said commission shall have entered 
into a contract or contracts for the furnishing or sup- 
plying of books for use in the public schools in this 
State, the governor shall issue his proclamation an- 
nouncing such facts to the people of the State. 

1839. Three depositaries or places of sale in each 
county. — The party or parties with whom the contract 
shall be made shall place their books on sale at not less 
than three places in each county of the State for the 
distribution of the books to the patrons, and the con- 
tractor shall be permitted to make arrangements with 
a merchant or other person for the handling and distri- 
bution of the books. 



PUBLIC SCHOOL I-AWS OF ALABAMA. 67 

1840. Contract price printed on books. — All books 
shall be sold to the consumer at the retail contract 
price, and in each book shall be printed the following: 
(The price fixed herein is fixed by State contract and 
deviations therefrom shall be reported to your county 
superintendent of education or the State superintendent 
at Montgomery). Should any party contracting to fur- 
nish books as provided for fail to furnish them or other- 
Yi'ise breach his contract, in addition to the right of the 
State to sue on his bond hereinabove required, the coun- 
ty superintendent of any county may sue, in the name of 
the State of Alabama, in any court of competent juris- 
diction in the county in which he resides, for the use 
and benefit of the school fund of the county; provided 
that the right of action of the county superintendent 
shall be limited to breaches of the contract committed 
in the county of his residence. In all cases under this 
article service of process may be had and deemed suffi- 
cient on any agent of the contractor in this State. 

1841. Distribution of books. — The commission shall, 
from time to time, make any necessary regulations to 
secure the prompt distribution of the books provided 
for in this article, and the prompt and faithfuly execu- 
tion of all contracts. 

1842. Commission continues for five years; neio com- 
mission appointed — Said commission shall maintain its- 
organization for five years, and at the end of said period 
of five years the governor shall name a similar commis- 
sion with like powers and a like term as the first named 
commission. 

1843. List of books, agencies, and prices furnished to 
county superintendent of education. — As soon as prac- 
ticable after the adoption, provided for in this article, 
the State superintendent of education shall issue a cer- 
cular letter to each county superintendent of education 



€8 PUBLIC SCHOOL LAWS OF ALABAMA. 

and each teacher in the State, and to such others as he 
may desire to send it, which letter shall contain the list 
of books adopted, the prices, location of agencies, the 
manner of distribution, and such other information as 
he may deem necessary. 

1844. Supplementary text-hooks ; hooks for higher or 
Tiioy^e advanced studies. — As soon as the existing con- 
tract for books expires the books adopted as a uniform 
series of text-books for the next ^\e years shall be in- 
troduced and used as text-books to the exclusion of all 
others in all the public free schools in this State. Sup- 
plementary books shall be used, but such books shall not 
be used to the exclusion of the books prescribed or 
adopted under the provisions of this article. Higher or 
more advanced branches may be taught than provided 
in this article, but such higher branches or books shall 
not be taught to the exclusion of the branches or books 
mentioned in this article. 

1845. Other hooks used upon failure to furnish those 
adopted, — The patrons of the public schools throughout 
the State may procure books in the usual way in case 
no contract shall be made, or the contractor fails or 
refuses to furnish the books provided for in this article 
at the time required for their use in the respective 
schools. 

1846. Appropriation. — The sum of three thousand 
dollars, or so much thereof as may be necessary, to be 
paid out of the moneys in the treasury not otherwise 
expended, is appropriated for the purpose of paying the 
costs and expenses of carrying into effect the provisions 
of this article. 

1847. Compensation of commissioners. — The gov- 
ernor and superintendent of education shall serve on 
the commission without compensation, and the other 



PUBLIC SCHOOL LAWS OF ALABAMA. 



69 



members of the commission shall be paid the sum of 
four dollars per day during the time they are actually 
engaged, and in addition shall receive ten cents per 
mile for each mile traveled from their homes to their 
place of meeting and return thereto, to be paid out of 
the funds appropriated by the preceding section, and 
they shall each make and swear to a statement of the 
number of miles traveled and the number of days ac- 
tually engaged. 

1848. Clerk of commission; compensation of. — The 
commission may appoint a clerk who shall have three 
dollars per diem during the time he is actually engaged 
and the same mileage as is allowed the members of the 
commission. 

1849. Books adopted continue for five years. — The 
adoption made as provided for in this article shall con- 
tinue for five years from the expiration of the existing 
contract, unless otherwise provided. 

1850. Failure to furnish hooks; contract for unex- 
pired term. — In case of the failure of any contractor to 
furnish the books as provided in his contract, his bond 
shall be declared forfeited, and the State school-book 
commission may make such other contract for the unex- 
pired term with another person to provide such books 
as they may deem advisable for the best interest of the 
State. 



(See Criminal Provision, Sections 7751, 7752 and 
7753, page 38 of this pamphlet. 



70 PUBLIC SCHOOL I AWS OF ALABAMA. 

AKTICLE 19. 

Election for Special Tax for Public Schools. 

1851. Petition for call for election. — Upon a petition 
signed by two hundred or more qualified electors of the 
county who are also freeholders, to the court of county 
commissioners, or court of like jurisdiction in any coun- 
ty within the State of Alabama, the said court shall 
order an election to determine whether or not a special 
tax shall be levied for the support of the public schools 
within said county as hereinafter provided; but only 
one such election shall be held in any two years. 

1852. Notice and publication. — There shall be made 
publication of the same in some newspaper within the 
county, which publication shall show the rate of such 
proposed tax, the time it is proposed to be continued, 
and the purpose for which the levy is proposed to be 
made. 

1853. Managers and officers of election as in general 
election. — The inspectors and officers of the election 
shall be appointed and such elections shall be held and 
the result of said elections shall be declared in the same 
manner and by the same officers as is the result of the 
regular elections for county officers under the general 
laws of the State. 

1854. Qualified electors ^ etc. — All persons who are 
at the time of such election qualified electors in the 
county where such election is held under the laws and 
{constitution of Alabama then in existence, shall be qual- 
ified electors to participate therein. 

1855. Ballot; form and manner of voting. — ^The 
court of county commissioners, or court of like juris- 
diction, shall provide a sufficient number of ballots for 



PUBLIC SCHOOL LAWS OF ALABAMA. 71 

each voting precinct within said county, and at tlie top 
of each ballot shall be printed the rate of such proposed 
tax, the time it is to be continued, and that the purpose 
is for the support of the public schools, and directly un- 
derneath in plain type shall be printed on different lines 
the words, 'Tor proposed taxation," "Against proposed 
taxation," and a place must be left directly to the left 
of each line thereof, and the voters favoring the pro- 
posed taxation will make a cross mark directly to the 
left of the line 'Tor proposed taxation," and the voter 
not favoring proposed taxation will make a cross mark 
directly to the left of the line "Against proposed taxa- 
tion." ' 

1856. Special tax levied and assessed. — If three-fifths 
of those voting at said election have voted for the pro- 
posed taxation, the court of county commissioners, or 
court of like jurisdiction, shall levy said special tax, 
and cause the tax assessor to assess the same on the tax- 
able property in said county, which shall not exceed ten 
cents on each one hundred dollars of taxable property 
in said county ; but the rate of such special tax shall not 
increase the rate of taxation. State and county com- 
bined, in any one year, to more than one dollar and 
twenty-five cents on each one hundred dollars of taxa- 
ble property in said county, but all special county taxes 
for public buildings, roads, bridges, and the payment of 
debts existing at the ratification of the constitution of 
1875 shall not be included in the aforesaid one dollar 
and twenty-five cents on the hundred dollars of tax- 
able property. 

1857. Time tax continues. — The time such special tax 
may continue shall not be less than two years. 

1858. Tax; hoto collected and disbursed. — Tlie tax 
collector shall collect such special tax in the same man- 
ner and under the same requirements and laws as taxes 



72 PUBLIC SCHOOL LAWS OF ALABAMA. 

of the state are collected, and shall keep said amount 
separate and apart from all other funds, and keep a 
clear and distinct account thereof, showing what 
amount is paid by the negro race and what amount is 
paid by the white race, and turn the same over to the 
county superintendent of education, whose duty it shall 
be to receipt therefor and apportion the same to the 
various schools throughout the county in the same man- 
ner as the general school fund from the State are ap- 
portioned in said county ; provided, that the school 
terms of the respective schools shall be extended by 
such supplement as nearly the same length of time as 
practicable. 

1859. Election held at time for general election; 
costs of such election. — The election hereinbefore pro- 
vided for may be had at the time of holding any regular 
election within the county, and if held at such time the 
inspectors and officers of the general election shall con- 
duct at the same time the election herein provided for ; 
and for such services they shall receive no compensa- 
tion other than that allowed them for the holding of the 
general election; but if such an election is had at any 
other time than that of holding a regular election with- 
in the county, then the election officers shall receive the 
same pay as that for holding a general election. 

1860. Compensation of tax collector, tax assessor, 
and county superintendent of education. — The tax col- 
lector, tax assessor, and county superintendent of edu- 
cation shall receive for the services required of them 
under the provisions of this article the same per cent 
of the funds handled as they receive for like services as 
to general taxes. 



PUBLIC SCHOOL LAWS OF ALABAMA. 73 

ARTICLE 20. 

High Schools for Counties. 

1861. High school commission to locate and estab- 
lish. — The governor, auditor and superintendent of edu- 
cation, shall constitute a commission to locate one high 
school in each of the counties of this State. 

1862. Sites procured; annual donations paid quar- 
terly. — For any county in which the citizens thereof 
shall secure a suitable site which shall consist of not 
less than five acres of land, the title to the surface of 
which shall be in fee (but the land need not include 
mineral rights) and erect thereon a good and substan- 
tial building with all necessary equipments for a high 
school, the cost of said building to be not less than 
|5,000, and upon making a deed to the State of Ala- 
bama of said land, building and equipment, there shall 
be appropriated out of any money in the treasury, not 
otherwise appropriated, the sum of three thousand dol- 
lars and this appropriation is hereby made to continue 
annually, beginning July 1st, 1911. Provided further 
that all appropriations made by the State and other- 
wise must be paid quarterly and in accordance with 
the rules and regulations made by the high school com- 
mission. 

1863. High school controlled hy high school commis- 
sion and county hoard of education. — Each county high 
school of the State shall be under the direction and con- 
trol of the county board of education of the county in 
which the high school is located, but every action of the 
county board of education is subject to the approval of 
the high school commission. Provided further, that 
rules and regulations for the government of the county 
high schools of the State and the employment of the 
teachers in said county high schools shall be made by 
the high school commission. 



74 PUBLIC SCHOOL LAWS OF ALABAMA. 

1864. Free schools and office of trustee not abolished. 
— Nothing in this article shall be so construed as to 
abolish any free school in any district, or the office of 
trustee in any district in which said high school may be 
located. 

1865. Qualifications and eligibility of teachers and 
students. — No teacher shall be eligible to teach in any 
high school established under the provisions of this 
article, unless holding a first-grade or life certificate. 
Nor shall any student be eligible to entrance into said 
high school unless said student can pass a satisfactory 
examination in the branches of free public instruction 
in the elementary schools of his or her county. Such 
schools shall be open to students of the white race re- 
gardless of age who have complied with the provisions 
of this section. 

1866. Course of study. — A course of study for such 
school or schools shall be provided and required by the 
superintendent of education ; such course of study shall 
consist of secondary branches of study. 

1867. Matriculation fee. — A matriculation fee of not 
more than two and one-half dollars to be fixed by the 
county board of education in which a county high school 
is or may hereafter be located and in operation, may be 
charged to each student entering said high school, to 
defray the necessary expenses of said high school dur- 
ing each term, provided a part of the matriculation fees 
may be used for library purposes in said high school. 
All funds accruing from fees as provided herein, 
shall be paid out by the treasurer of the high school up- 
on the order of the principal of said school. 



PUBLIC SCHOOL LAWS OF ALABAMA. 75 

ARTICLE 21. 
University of Alabama. 

1869. (3667) (1058) (1295) Incorporation of uni- 
versity. — The governor and the -superintendent of edu- 
cation, by virtue of their respective ofifices, and the trus- 
tees heretofore appointed from the different congres- 
sional districts of the State under the provisions of sec- 
tion 264 of the constitution, and such other members as 
may be from time to time added to the board of trus- 
tees, and their successors in office, are constituted a body 
corporate under the name of ^'The board of trustees of 
the University of Alabama," to carry into effect the pur- 
poses and intent of the congre^ss of the United States in 
the grant of lands by the act of April 20, 1818, and of 
the act of March 2, 1819, to this State, to be by it held 
and administered for the benefit of a seminary of learn- 
ing. 

1870. (3668) (1059) (1296) General poivers, duties, 
and liabilities of such corporation. — Such corporation 
shall have all the rights, powers, and franchises neces- 
sary to or promotive of the end of its creation, and shall 
be charged with all the corresponding duties, liabilities, 
and responsibilities. 

1871. (3669) (1060) (1297) Poiver of holding and 
disposing of property. — Such corporation may hold, and 
may lease, sell, or in any other manner not inconsistent 
with the object or terms of the grant or grants under 
which it holds, dispose of any property, real or personal, 
or any estate or interest therein, remaining of the orig- 
inal or any subsequent grant by congress, or by this 
State, or by any person, or accruing to the corporation 
from, any source, including also the proceeds of the 
"University Fund," as to it may seem best for the pur- 
poses of its institution 



76 PUBLIC SCHOOL LAWS OF ALABAMA. 

1872. (3670) (1061) (1298) University fund defin- 
ed; credit of State pledged for payment of interest. — 
The fund designated in the preceding section as the 
^'University Fund" consists of the sum of thirty-six 
thousand dollars per annum as interest on the funds of 
the University of Alabama, heretofore covered into the 
treasury, for the maintenance and support of said insti- 
tution, which said sum of thirty-six thousand dollars 
shall be paid to the duly authorized agent of the uni- 
versity as hereinafter provided; and the further sum of 
twenty-five thousand dollars, annually, is added to and 
made a part of the university fund. 

1873. (3671) (1062) (1299) When gift or grant not 
affected; what nftt a forfeiture. — No gTant or gift, by 
will or otherwise, shall fail on account of any misnomer 
or informality, when the intention of the grantor or 
donor can be ascertained ; nor shall any default, malfea- 
sance on the part of the trustees or other officers or 
agents of such corporation, work a forfeiture of any of 
its rights, powers, privileges, or franchises. 

1874. (3672) (1063) (1300) Rights, etc., of univer- 
city continued in corporation. — In addition to the 
rights, properties, privileges, and franchises herein 
granted, all rights, properties, privileges, and franchises 
heretofore, by any act of the legislature, granted to or 
vested in the University of Alabama, shall vest and con- 
tinue in such corporation. 

1875. (3673) (1064) (1301) Powers of hoard of 
trustees; no exclusion from benefit of ^^University 
Fund/' etc. — The board of trustees have the power to 
organize the university by appointing a corps of in- 
structors, who shall be styled the faculty of the univer- 
sity, and such other officers as the interest of the univer- 
sity may require; to remove such instructors or officers, 
and to fix their salaries or compensation, and increase 



PUBLIC SCHOOL LAWS OF ALABAMA. 77 

cr reduce the same at their discretion; to institute, reg- 
ulate, alter, or modify the government of the university, 
as they may deem advisable; to prescribe courses of in- 
struction, rates of tuition, price of board, and regulate 
the necessary expenses of students; and to confer such 
academic and honorary degrees as are usually conferred 
by literary institutions. They may delegate to the fac- 
ulty of the university, or other officers, such powers and 
functions in the government of the students, and in the 
administration of the affairs of the university, as they 
may deem proper; but in no case shall any person be 
authorized to receive, hold, or disburse any funds of the 
university without having first given bond, conditioned 
for the faithful discharge of his duties; and no person 
shall be excluded from the full benefit of the university 
fund, or placed at any disadvantage in the pursuit of 
his studies, who possesses the requisite literary and 
other qualifications, and is willing to submit to the dis- 
cipline prescribed the students. 

1876. (3674, 3675) (1065, 1066) (1302, 1303) Class- 
ification of trustees; term arid oath of office. — The State 
university shall be under the control of the board of 
trustees, which shall consist of two members from the 
congTessional district in which the university is locat- 
ed, and one from each of the other congressional dis- 
tricts in the State, the superintendent of education, and 
the governor, who shall be ex officio president of the 
board. The members of the board of trustees, as now 
constituted, shall hold office until their respective terms 
expire under existing law, and until their successors 
shall be elected and confirmed, as hereinafter required. 
Succcessors to those trustees whose terms expire in 
nineteen hundred and two shall hold office until nine- 
teen hundred and seven; successors to those whose 
terms expire in nineteen hundred and four shall hold 
office until nineteen hundred and eleven; successors to 
those trustees whose terms expire in nineteen hundred 



78 PUBLIC SCHOOL LAWS OF ALABAMA. 

and six shall hold office until nineteen hundred and 
fifteen; and thereafter their successors shall hold office 
for a term of twelve years. When the term of any mem- 
ber of such board shall expire, the remaining members of 
the board shall, by secret ballot, elect his successor, pro- 
vided, that any trustee so elected shall hold office from 
the date of his election until his confirmation or rejec- 
tion by the senate, and, if confirmed, until the expiration 
of the term for which he was elected, and until his suc- 
cessor is elected. At every meeting of the legislature the 
superintendent of education shall certify to the senate 
the names of all who have been so elected since the last 
session of the legislature and the senate shall confirm 
or reject them, as it shall determine is for the best in- 
terest of the university. If it reject the names of any 
member it shall thereupon elect trustees in the stead of 
those rejected. In the case of a vacancy on said board 
by death or resignation of a member, or from any cause 
other than the expiration of his term of office, the board 
shall elect his successor, who shall hold office until the 
next session of the legislature. When the name of a 
successor or successors elected by said board to fill the 
vacancy or vacancies so occasioned shall be certified by 
the superintendent of education to the senate, and the 
senate shall confirm or reject, as it shall determine is 
for the best interest of the university ; and if confirmed 
by the senate, the person or persons so elected to fill 
said vacancy shall hold office for the unexpired term to 
which he is so elected. If the senate rejects the name of 
any person to fill said vacancy, it shall thereupon elect 
some person or persons in the stead of those rejected. 
No trustee shall receive any pay or emolument other 
than his actual expenses incurred in the discharge of 
his duties as such. 

1877. ( (3676) (1067) (1304) Quorum of hoard of 
trustees; president pro tempore. — Five members of the 
board of trustees, exclusive of the ex-officio members, 



PUBLIC SCHOOL LAWS OF ALABAMA. 79 

shall constitute a quorum, and every member present 
shall be required to vote, and a majority of those pres- 
ent shall govern. At their first meeting, the board shall 
elect one of their number president pro tempore, who 
shall preside in the absence of the governor, and shall 
hold the position until the next annual or special meet- 
ing, when another president pro tempore shall be 
elected. 

1878. (3677) (1068) (1303, 1S04.) Time and place of 
meeting of trustees, — The board of trustees shall meet 
at least once in each year, and on the last Wednesday 
in June, unless some other day is selected by them, and 
they may, by ordinance or resolution adopted by them, 
prescribe other regular times for. meeting. At such 
meeting they may continue in session as long as they 
may deem proper for the welfare of the institution, and 
may at any session appoint a special or adjourned meet- 
ing. Upon the written application of four members, or 
of any three members with his concurrence, the presi- 
dent pro tempore shall appoint a special meeting, and 
issue notice thereof to the several members; but such 
special meeting shall not be appointed for a day less 
than twenty days subsequent to the date of the notice. 
In case there is no president pro tempore of the board, 
or in case he is incapacitated to act, then the governor, 
as president of the board, shall, upon the written appli- 
cation of four members, in like manner call such special 
meeting. Kegular meetings of the board must be held 
at the university, but special or adjourned meetings 
may be held at the university or in the city of Mont- 
gomery, or in the city of Birmingham. 

1879. (3678) (1069) (1305) Proceedings of hoard 
recorded; employment of secretary ; payment of ev- 
penses, etc. — The proceedings of the board of trustees 
must be recorded in a substantially bound book, which 
must be kept in the archives of the university; and the 



80 PUBLIC SCHOOL LAWS OF ALABAMA. 

board may at any meeting employ a secretary. The cer- 
tificate of the president, or in his absence, of the presi- 
dent pro tempore, countersigned by the secretary, if 
there be one, shall entitle the several trustees to their 
constitutional pay out of the treasury of the university ; 
and the compensation of the secretary and the necessary 
incidental expenses of the board at each session shall be 
paid on the order of the board, and the certificate of the 
president, or president pro tempore, as the case may be, 
out of such treasury. 

1880. (3679) (1070) (1306) Report hy hoard to the 
legislature. — It shall be the duty of the board of trus- 
tees to make to the legislature, at each session thereof, 
a full report of their transactions, and of the condition 
of the university, embracing an itemized account of all 
receipts and disbursements on account of the university 
by those charged with the administration of its finances. 

1881. (3681) (1072) (1309) (430) (384) Interest 
on ^^IJniversity fund/' ; how payable. — The State treas- 
urer, must quarterly, on the last day of December, 
March, June, and September of each year, pay the "uni- 
versity fund," as defined by section 1872 (3670) of this 
code, to the treasurer or any authorized agent of the 
university; and on the application of such treasurer or 
agent, the State auditor shall draw his warrant on the 
State treasurer for the amount due; such payments to 
commence on the days specified after the present con- 
stitution became operative. 

1882. (3682) (1073) (1308) Right reserved to the 
legislature to revise and amend. — The right is reserved 
to the legislature to revise or amend the provisions of 
this article, and in virtue of the character of the trust 
conferred by the act of congress, to intervene, and, by 
special enactment, to direct and control the board of 
trustees in the discharge of their duties and functions. 



PUBLIC SCHOOL TAWS OF ALABAMA. HI 

1883. (3683) La iv department to receive second-hand 
text-hooks from state library. — The justices of the su- 
preme court are authorized from time to time to set 
iipart and turn over to the law department of the uni- 
versity^, copies of such second-hand or superseded law 
hooks, known as text-books, as they may deem expe- 
dient, the marshal and librarian taking proper receipts 
therefor. 

1884. (3684) Laiv department must he supplied vjitli 
Codes. — The secretary of state shall supply to such law 
department ten copies of the Code of Alabama and ten 
copies of the acts of the legislature, and ten copies of 
each volume of the current reports of the supreme court, 
as the same may, from time to time, be published. 

1885. (3685) Police of grounds; appointment, poic- 
ers, and duties. — The president of the university has 
authority to appoint or employ one or more suitable 
persons to act as police officers to keep off intruders 
and prevent trespass upon and damage to the property 
of the university. Such person shall be charged with all 
the duties and invested with all the powers of police 
officers, and may eject trespassers from the university 
buildings and grounds, and may, Avithout warrant, ar- 
rest persons guilty of disorderly conduct, or of tres- 
pass on the property of the institution, and carry them 
before the nearest justice of the peace or other oflScer 
charged with the trial of such offenders, before whom, 
upon proper affidavit charging the offense, such person 
so arrested may be tried and convicted as in case of 
persons brought before liim on a warrant; and such 
officer or officers shall have authority to sumuion a 
posse comitatus. 

1886. Lands J sale, lease ^ or other disposition pro- 
ridvd for.- -The board of trustees of the I^niversity of 
Alabama may sell, lease, or otherwise dispose of, all or 

SL 



82 PUBLIC SCHOOL LAWS OF ALABAMA. 

any part of such land as has been or may be selected 
under and by virtue of an act of congress entitled, "An 
act to increase the endowment of the university of Ala- 
bama from the public .school lands in said State," ap- 
proved April 23, 1884 ; and may sell lands or any inter- 
est therein or part thereof for such prices and upon such 
terms as to them may seem proper. Such sales may be 
for cash or for part cash, and the said board of trustees 
of the Universit^^ of Alabama shall not be limited by 
any statute heretofore enacted as to what part of the 
purchase price of such lands which they have heretofore 
sold or may hereafter sell shall be in cash, but the per 
cent of the purchase price of such lands that may have 
been or shall be in cash, shall be such as said board of 
trustees of the University of Alabama may agree upon 
with the purchaser or purchasers. 

1887. Executive committee created and authorized 
to act. — The board of trustees of the University of iVla- 
bama may create an executive committee consisting of 
three or more of the trustees composing the said board 
upon Avhich committee it may confer full power and 
authority to lease, sell, and convey such lands or any 
part thereof, or any interest therein, as fully as said 
board of trustees of the University of Alabama could 
itself do. 

1888. Sales ^ leases, etc., ratified and confirmed. — All 
sales, agreements to sell, leases, and other dispositions 
(►f such lands, or any part thereof, or any interest there- 
in, heretofore made or attempted to be made by the 
board of trustees of the University of Alabama, or by 
any executive committee by it created, irrespective of 
the per cent of the purchase price which may have been 
paid in cash, are ratified and confirmed, and shall be 
binding upon the board of trustees as fully as if the 
same were made after the 28th day of February, 1907, 
and in cases where the same were made bv an executive 



PUBLIC SCHOOL LAWS OF ALABAMA. g3 

committee, as if the same were made by the board of 
trustees of the University of Alabama. 

1889. Medical department of the Universitij of Ala- 
hama — The corporation stjded the Medical College of 
Alabama is dissolved, and the institution heretofore 
known as the Medical College of Alabama is constitut- 
ed the Medical Department of the University of Ala- 
bama, and shall hereafter be under the sole manage- 
ment, ownership, and control of the board of trustees of 
the University of Alabama; but the said Medical De- 
partment shall remain at Mobile for all time. All ap- 
propriations of moneys which may hereafter be made in 
aid of the medical college shall enure to the benefit of 
the said Medical Department of the University of Ala- 
bama, and shall be paid to the trustees of the University 
of Alabama for the use and benefit of said Medical De- 
partment at Mobile, Alabama. 

Xote. — The legislature of 1911 made an additional ap- 
propriation to the University of Alabama but this ap- 
propriation is made payable on the approval of the gov- 
ernor in whole or in part from time to time, as in his 
opinion, the condition of the treasury may warrant. 
The act referred to makes an additional annual appro- 
priation of 150,000, making the total annual appropria- 
tion from the State, |111,000, besides |5,000 for the 
summer school. The act also provides for an appropria- 
tion of 125,000 a year for four years to be used in mak- 
ing needed improvements in the material equipment of 
the university including the erection and furnishing of 
new buildings and the repair and furnishing of existing 
])uil diners. 



84 PUBLIC SCHOOL LAWS OF ALABAMA. 

ARTICLE 22. 

Cement Laboratory. 

1893. Testing laboratory for cements. — The testing 
laboratory of the University of Alabama is the official 
testing laboratory for cements and other materials of 
construction. 



ARTICLE 23. 
Summer School. 

1894. Summer school at university established. — The 
trustees of the University of Alabama may establish at 
that institution a school to be known as the summer 
school for teachers, at which during the summer months 
instruction shall be given in all the public school stud- 
ies and in such other studies as may be necessary to 
better prepare teachers for efficient service in the public 
schools of this State. 

1895. Annual appropriation. — For the maintenance 
of the summer school for teachers, the sum of five thou- 
sand dollars is appropriated annually. 

1896. Appropriation ; how and tohen paid. — The sum 
of five thousand dollars shall, on the first day of July 
of each year, be paid by the State treasurer to the treas- 
urer of the Universitv of Alabama, on wan^ants drawn 
by the State auditor as warrants are drawn for other 
appropriations to the university. The trustees of the 
university shall report in writing to the legislature at 
tach regular session thereof the manner in which the 
appropriation has been expended. 



PUBLIC SCHOOL LAWS OF ALABAMA. 85 

1897. Matriculation or tuition fee. — No matricula- 
tion or tuition fee shall be charged to Alabama teachers, 
and no incidental fee exceeding three dollars per ses- 
sion shall be charged any Alabama teacher. 

1898. Examinations conducted hy State hoard of 
examiners annually. — The State board of examiners for 
teachers shall conduct or have conducted, annually, at 
the university, at the close of the summer school for 
teachers, an examination for the convenience of teachers 
attending that school. The examination shall be equal 
in all respects to the regular examination required by 
law. The same fees shall be charged, and the examina- 
tion shall be conducted under the same rules and regu- 
lations. 



ARTICLE 24. 
Alabama Polytechnic Institute. 

1899. (3686) (1071) Incorporation of the Alabama 
Polytechnic Institute. — The governor and the superin- 
tendent of education, by virtue of their respective offi- 
ces, and the trustees appointed from the different con- 
gressional districts of the State, under the provisions of 
section 266 of the constitution of 1901, and their suc- 
cessors in office, are constituted a body corporate under 
the name of "The Alabama Polytechnic Institute," to 
carry into effect the purpose and intent of the congress 
of the United States in the grant of lands by the act of 
July 2, 1862. 

1900. (3687) (1075) General powers, duties, and 
liabilities of institute. — Such corporation shall have all 
the rights, privileges, and franchises necessary to a pro- 
motion of the end of its creation, and shall be charged 



8G PUBLIC SCHOOL LAWS OF ALABAMA. 

Avitli all correspouding duties, liabilities, and responsi- 
bilities. 

1901. (3688) (1076) Credit of State pledged to pay- 
ment of interest. — For the payment of the interest, at 
the rate of eight per cent per annum, on the fund of two 
hundred and fifty-three thousand and five hundred dol- 
huvs, arising from the sale of the script for the land do- 
nated in trust to this State by the act of congTess of 
July 2, 1862, the faith and credit of the State are for- 
ever pledged. 

1902. (3689) (1077) Powers of hoard of trustees.— 
The board of trustees have the power to organize the 
institute by appointing a corps of instructors, who shall 
be styled the faculty of the institute, and such other 
instructors and officers as the interest of the institute 
may require; and to remove any such instructors or 
other officers, and to fix their salaries or compensation, 
and increase or reduce the .same at their discretion; to 
regulate, alter, or modify the government of the insti- 
tute as they may deem advisable; to prescribe courses of 
instruction, rates of tuition, and fees; to confer such 
academic and honorary degrees as are usually conferred 
by institutions of similar character; and to do whatever 
else they may deem best for promoting the interest of 
the institute. They shall also establish and maintain a 
military department in the institute, and elect a com- 
mandant and such other officers as may be necessary for 
the department. 

1903. (3690) (1078) Classification of trustees.— 
The trustees of the institute are divided into tliree 
classes, as follows: The trustees from tlie fourth, fifth, 
seventh, and ninth districts shall constitute the first 
class; those from the eighth, sixth, and second districts 
shall constitute the third class; and they shall hold of- 



PUBLIC SCHOOL LAWS OF ALABAMA. ^7 

fice, and their seats be vacated as prescribed by section 
266 of the constitution. 

1904. (3691) (1079) Vacancy in office of trustees; 
Itoic filled; term of appointee. — Any vacancy in the of- 
fice of trustee, occurring during the recess of the legis- 
lature, shall be filled by appointment of the governor, 
such appointee to hold until the next session of the leg- 
islature thereafter; such vacancy shall be filled by the 
governor, by and with the consent of the senate; and 
any trustee appointed to fill a vacancy by the governor, 
by and with the consent of the senate, shall hold during 
the unexpired term. 

1905. (3692) (1080) Time and place of meetings of 
trustees. — The board of trustees shall hold their meet- 
ings at the institute on the last Monday in June of each 
year, unless the board shall, in regular session, deter- 
mine to hold its meetings at some other time and place; 
and upon the application in writing of any four m.em- 
bers of the board, the governor shall appoint a special 
meeting, naming the time and place thereof, and cause 
notices thereof to be issued to the vseveral members of 
the board, but such meeting shall not be appointed for a 
day less than twenty days subsequent to the date of the 
notice. 

1906. (3693) (1081) Quorum of hoard of trustees.— 
Six members of the board of trustees shall constitute a 
(}uorum, but a smaller number may adjourn from day 
to day until a quorum is present. 

1907. (3694) (1082) Payment of expenses to trus- 
lees. — The certificate of the president of the board, or, 
in his absence, of the president pro tempore, counter- 
signed by the secretary, shall entitle the several trustees 
to tlie payment of their actual expenses incurred in the 
<lischarge of their duties as such trustees. 



^8 PUBLIC SCHOOL LAWS OF ALABAMA. 

1908. (3695) (1083) When gift or grant not affect- 
ed; what will not operate a forfeiture. — No grant or 
gift, by will or otherwise, shall fail on account of any 
misnomer or informality, when the intent of the grant- 
or or donor can be arrived at; nor shall any default, 
malfeasance, or misfeasance, or non-user, on the part of 
the trustees, or other officers or agents of such corpora- 
tion, work a forfeiture of any of its rights, privileges, 
powers, or franchises. 

1909. (3696) (1084) Report of trustees to legisla- 
ture. — It shall be the duty of the board of trustees to 
make, or cause to be made to the legislature, at each 
session thereof, a full report of their transactions, and 
of the condition of the institute, embracing an itemized 
account of all receipts and disbursements on account of 
the institute by those charged with the administration 
of its finances. 

1910. (3697) (1085) Interest paid hy treasurer; 
when bond required of officers or agents. — The State 
treasurer must pay the interest on the fund of two hun- 
dred and fifty-three thousand and five hundred dollars 
arising from the sale of land script quarterly, as the 
same may accrue to the treasurer or other authorized 
agent or officer of the institute; and on the application 
of the treasurer, agent, or officer, the State auditor shall 
draw his warrant on the State treasurer for such inter- 
est ; but in no case shall any person be authorized to re- 
ceive, hold, or disburse any fund of the institute, with- 
out first having given bond conditioned for the faithful 
performance of his duties. 

1911. Appropriation in lieu of fertilizer tag tax; hotv 
paid. — In lieu of the share of the proceeds arising from 
the sale of fertilizer tags heretofore paid to the Alabama 
Polytechnic Institute, the sum of thirty-two thousand 



n 



I 



PUBLIC SCHOOL lAWS OF ALABAMA. ^9 

dollars for one year 1907-1908, tliirtv-six thousand dol- 
lars for the year 1908-1909, thirty-eight thousand dol- 
lars for the year 1909-1910, and thereafter forty thou- 
sand dollars annually is appropriated to said institute, 
and the funds thus appropriated shall be paid out of any 
funds in the treasury of the State not otherwise appro- 
priated, which appropriation .shall be paid on the requi- 
sition of the president and treasurer of said institute, 
upon the approval of the governor. 

ARTICLE 25. 

Alabama Ixdustrla^l School for Girls. 

1912. Corporate name; I'if/hts and powers of. — 
^'The Alabama Girls' Industrial School" heretofore es- 
tablished at Moutevallo, is a body corporate under the 
corporate name of "The Alabama Girls' Technical In- 
stitute" and by that name may sue and contract, take 
and hold real and personal property, and have all the 
powers of a corporation established to carry on a State 
educational institution of the highest grade and rank. 

1913. Trustees; term of office; vacancy; how filled. 
— The corporation and school shall be governed by a 
board of trustees composed of the governor, the super- 
intendent of education, one trustee from every congres- 
sional district, and two trustees from the State at large. 
The trustees from the odd numbered districts shall hold 
office till the first Monday after the second Tuesday in 
January, 1911, and till their successors are appointed 
and qualified, who shall hold office for a term of eight 



Note — In addition to tlie appropriation referred to in Section 1011. 
an Act was approved April 13, 1911. providing for an appropria- 
tion of $40.0€0 annually for the years 1911. 1912. 1913 and 1914 for 
buildings and equipment, and a continual annual appropriation of 
$10,000 for maintenance. These appropriations are payable on the 
approval of the Governor in whole or in part from time to time 
as in his opinion, the condition of the treasury may warrant. 



90 PUBLIC SCHOOL LAWS OF ALABAMA. 

years, and till tlieir successors are appointed and qual- 
ified. 

The trustees from the even numbered districts and 
from the State at large shall hold office till the first 
Monday after the second Tuesday in January, 1915, and 
till their successors are appointed and qualified, who 
shall hold office for a term of eight years, and till their 
successors are appointed and qualified, and thereafter 
the term of office of every trustee shall be eight years. 

Whenever a vacancy occurs in the office of trustee, 
the governor shall appoint a successor, who shall hold 
office till the next meeting of the legislature, when the 
governor, by and with the advice and consent of the sen- 
ate, shall appoint a trustee, who shall hold office for the 
unexpired term. 

Upon the expiration of the term of office of any trus- 
tee the governor shall, by and with the advice and con- 
sent of the senate, appoint a successor. 

A trustee shall be ineligible to be elected to any office 
by the board of trustees. 

1914. Purposes for loliidi school established. — The 
school is established for the purpose of giving therein 
instruction in the liberal arts and sciences, and the fol- 
loAving academic departments are established, for every 
one of which a professor shall be selected as hereinafter 
provided, namely: 

1, English — liter?.ture and expression; 2, mathemat- 
ics; 3, history and political economy; 4, psychology and 
education; 5, ancient languages; 6, modern languages; 
7, chemistry and geology; 8, physics and astronomy; 9, 
biolog}" — botany, floriculture, and horticulture. 

And the following industrial departments are estab- 
lished, for every one of which a director shall be select- 
ed as liereinafter provided : 

1, Art — drawing, painting, and designing; 2, vocal 
music: 3, instrumental music; 4, commercial — book- 
keeping, stenography, typewriting, telegraphy; 5, do- 



PUBLIC SCHOOL LAWS OF ALABAMA. 9I 

mestic art — sewing, millinery, dress-making; 6, domes- 
tic economy — cooking, chemistry of foods: 7, dairying; 
8, physical culture; 9, manual training. 

And the trustees shall, from time to time, establish 
and maintain departments wherein every other branch 
of human knowledge or industry by which women may 
live .shall be taught. 

The trustees may leave vacant the office of professor 
or director in any department, as the best interests of 
the school may require, and cause instruction to be given 
therein by some competent instructor selected as the 
professors and directors are selected. 

The president, professors, and directors shall consti- 
tute the faculty of the school. 

1915. Forcers to confer honorary degrees, diplomas, 
certificates, etc. — The trustees of the school, by and 
with the advice and consent of the president and facul- 
ty, may confer regular and honorary degrees upon such 
persons as they deem worthy thereof, and may grant 
and confer degrees, diplomas, or certificates of profi- 
ciency or distinction upon such students as may be en- 
titled thereto under the laws established by the trustees 
governing this subject. 

1916. President: election and qualification of. — The 
trustees shall elect a president for a term to be fixed by 
them, who shall not be removed during the term for 
Avhich he is elected, except for just cause, which shall be 
explicitly set fortli in writing in the minutes of the pro- 
ceedings of the trustees and approved by a majority of 
all trustees. No person shall be eligible to the office of 
president unless he is a graduate of some college or uni- 
versity of well-knoA>Ti high standing, an educator by 
profession, of good moral character, and possessing 
good business and administrative qualifications, and if 
a man, must be a married man. The trustees shall fix 
the salary of the president before electing a person to 



92 PUBLIC SCHOOL LAWS OF ALABAMA. 

the office, and shall Dot decrea-se the amount thereof 
during" the term of office Avithout the consent of the pres- 
ident. 

1917. Departments; professors and directors; how 
chosen. — The trustees shall establish .such additional de- 
partments, academic and industrial, in the school as 
they deem necessary and proper, and fix the salary or 
compensation to be paid to the professors, directors, and 
instructors therein. The president of the school shall 
by and with the advice and consent of the board of trus- 
tees, appoint all the professors, directors, and instruc- 
tors of all the departments of the school. Whenever 
a nomination is rejected by the trustees the president, 
if he so desires, shall have reasonable time within which 
to make another nomination, but he shall not have the 
power to nominate any person rejected within one year 
thereafter. Should the president fail or refuse to nomi- 
nate an^^ one to be a professor, director, or instructor, 
the trustees shall elect such professors, directors, and 
instructors as they deem necessary or proper. 

1918. Secretary of trustees. ^-The trustees shall elect 
a secretary, who shall hold office for the term and re- 
ceive such compensation as may be fixed by the trustees, 
and shall perform such services as may be required of 
him. 

1919. Treasurer; election^ duties, and bond of. — The 
trustees shall elect a treasurer, who shall not be a trus- 
tee, who shall receive, hold, and pay out all moneys be- 
longing to the school, or that may be paid in for the nec- 
essary expenses of any student in the school, or for her 
use and benefit, and the treasurer shall hold office for 
the term and receive such compensation as may be fixed 
by the trustees. Before entering upon his duties, the 
treasurer must give bond in such penalty as the trus- 
tees may fix, payable to ''The Alabama Girls' Industrial 



PUBLIC SCHOOL LAWS OF ALABAMA. 93 

School," with conditions that he will faithfully receive, 
safely keep, and lawfully pay out, and promptly, fully, 
and fairly account for all moneys or choses in action 
which may come to him by virtue of his office, and the 
trustees may require a new bond, or an additional bond, 
whenever they judge that the interest of the school re- 
quires it. 

1920. Removal of treasurer. — ^TN^henever the funds in 
the hand>s of the treasurer, or about to be received by 
him, are in danger of being lost, the trustees may re- 
move the treasurer from ojBfice and take from him all 
funds and choses in action belonging to the school or 
any pupil therein, and may, in that event, appoint a 
temporary custodian with bond or security to hold such 
funds. 

1921. Boolcs of in-^lifiition l:ept; must he open to in- 
spertion. — The secretary, treasurer, and all other offi- 
cers, agents, or servants of the school who are required 
to keep, use, or dispose of any property or supplies of 
the school, shall keep accounts of their transactions in 
books to be furnished them by the trustees, which shall 
at all times be open to the inspection and examination 
of the president, the trustees, or any one appointed by 
the trustees thereto, and any person withholding such 
book or books belonging to the school from the inspec- 
tion of any officer entitled to examine the same, shall be 
immediately removed from his office or employment by 
tlie president or trustees. 

1922. Pupils admitted; cjualificatio)is of. — Any white 
girl residing in Alabama, of good moral character, in 
good health, and of sufficient physical and mental devel- 
opment, to be judged of by the president, and over the 
age of fifteen years, who shall comply with all the re- 
quirements prescribed by the trustees, may be admitted 
into the scliool, and upon completing the course of study 



<J4 PUBLIC SCHOOL LAWS OF ALABAMA. 

prescribed at the time of her admission, to the satisfac- 
tion of the faculty, shall receive the degree and diploma 
or certificate she may have earned. Whenever the ac- 
commodations of the school are sufficient to admit more 
students than apply from Alabama, then students from 
other states, territories, or foreign countries may be re- 
ceived and instructed in the school upon .such terms and 
conditions as may be imposed by the trustees. 

1923. Property exempt from taxation. — The proper- 
ty of the school, of every kind and description, shall for- 
ever be exempt from all taxes, municipal, county, or 
State, and from all local assessments. The president, 
and all other teachers and officers, who may be men, are 
exempt from jury duty and from working public roads 
or streets ; and the salary, wages, or compensation of all 
officers, teachers, and servants of the school shall be ex- 
empt from the process of garnishment or attachment. 

1924. Scliolar ships. — Every trustee of the school 
shall have the right to appoint one student possessing 
the qualifications hereinbefore prescribed, who shall be 
boarded and instructed in the school free of all charges 
for board, washing, lights, books, and incidental fees, 
but a student shall not be eligible to appointment for 
more than four years, nor shall any girl be appointed 
under this provision who is able to pay for her educa- 
tion, or whose parents, or either of them, have the abil- 
ity to pay for her education in the school. 

1925. Duties of students. — As far- as may be practi- 
cable students in the school shall be employed in giving 
assistance in any department of Avork of the school to 
enable them to obtain instruction therein, but students 
shall be employed only in cases and to the extent that 
they may be able to render efficient service without in- 
jur}^ to themselves or to the school. 



PUBLIC SCHOOL LAWS OF ALABAMA. 95 

1926. Rights conprmedy etc. — All rights of property 
in action which may have accrued to the school before 
the adoption of this code are confirmed and preserved, 
and no grant or gift of any valuable thing or right shall 
fail by reason of a mistake in the name of this corpora- 
tion or school; provided the intention to grant or give 
to this school may be derived from the word»s used in 
designating the beneficiary or grantee. All rights, pow- 
ers, and remedies granted in and by an act to create and 
establish an industrial school in the State of xUabama 
for Avhite girls, approved February 21, 1893, and any 
act amendatory thereof, are confirmed and preserved. 

1927. Instruction free. — Instruction in the school 
shall be given without charge to all pupils admitted who 
are residents of this State. 

1928. Poiuer to condemn property. — Whenever the 
school needs any land near the school for any purpose 
of the school, and the owner thereof is a minoi* or an 
insane person, or refuses to sell the land to the State 
for the use of the school, the trustees shall have author- 
ity to institute in the probate court of Shelby county 
proceedings in the name of the State of Alabama, to 
condemn such land, which proceedings shall be conduct- 
ed as near as may be possible in accordance with the 
provisions of sections 3860-3903 (1712-1742) of the 
Code. It shall be the duty of the trustees to pay out of 
the funds of the school all costs of every condemnation 
proceeding instituted by them under the power hereby 
conferred. 

1929. Appropriation for girls' industrial school. — 
For the regular maintenance of the Alabama Girls' In- 
dustrial School there is appropriated, annually, thirty- 
six thousand dollars, to be paid in quarterly install- 
ments of nine thousand dollars to the treasurer of the 
school upon the order of the president of the school. 



96 PUBLIC SCHOOL LAWS OF ALABAMA. 

1930. Title to and sale of lands of industrial school 
for girls. — The title to all lands granted by the congress 
of the United States to the State of Alabama, '^for use 
of" said industrial school, is retained until the trustees 
of the school shall sell the same, which sale shall be 
made only with the approval of the governor, and when 
any sale shall have been made, the governor, upon the 
request of the trustees, shall convey the lands sold to 
the purchaser, and all the proceeds arising from the 
sale of lands shall be paid into the treasury of the State 
to remain forever as a fund for the use of the school, 
and upon which there shall be paid to the school inter- 
est at the rate of six per cent, per annum, in quarterly 
installments. 

1931. Deposits of proceeds of sales, leases, etc., of 
school lands; payment of expenses of selling, etc. — The 
proceeds of all lands sold or leased by the Alabama 
Girls' Industrial School shall be paid into the State 
treasury, and the school, out of the money appropriated 
by the State for the maintenance of the .school, shall 
pay all the expenses of caring for, protecting, and sell- 
ing the lands. 

1932. Interest on land fund paid quarterly. — On the 
last day of every quarter the State treasurer shall pay 
to the treasurer of the Alabama Girls' Industrial 
School, upon the order of the president of the school, in- 
terest at the rate of six per cent per annum on the whole 
amount of the fund in the State treasury at the close 
of every quarter, arising from the sale of lands, and 
upon every sum paid into the State treasury before the 
current quarter upon which interest has never been 
paid ; and all laws or parts of laws in conflict herewith 
are hereby expressly repealed. It being the purpose and 
intent of the State of Alabama to execute in good faith 
the trust reposed in it by congTess when granting the 
lands to the State for the benefit of the school, and to 



PUBLIC SCHOOL LAWS OF ALABAMA. 97 

preserve the proceeds arising from the lease or sales of 
the lands of the school so granted by congress as a fund 
forever, and to pay the interest thereon for the support 
iind maintenance of the school. 



AETICLE 26. 

Alabama Institute for the Deaf. 

1933. (3698) (1086) (1311) (1025) Educational 
institutions for the deaf established. — There is estab- 
lished in this State and located at Talladega, an institu- 
tion for the education of the deaf, called the Alabama 
School for the Deaf. 

1934. (3699) (1087) (1312) (1026) Incorporation 
of such institution. — The governor, the superintendent 
of education, and eleven other persons, appointed as 
hereinafter provided, are made a body corporate, with 
the rights of succession forever, by the name of the Ala- 
bama School for the Deaf; and such corporation may 
acquire and hold property, real and personal, by gift, 
devise, or any other manner, for the purpose of its crea> 
tion; may sue and contract; may have and use a com- 
mon seal; break or alter the same at pleasure, and may 
have all the powers necessary and proper to accomplish 
the purposes of this article. 

1935. (300) (1088 ) (1313) i(1027) Eleven trustees 
appointed hy the governor; hoard of trustees. — Such 



Note — On April 12, 1911, an Act was passed making an appro- 
priation of $50,000 annually for the years 1911, 1912, 1913 and 1914 
to be used in the construction of buildings, furnishing class rooms, 
laboratories, dormitory, and other buildings and improvements. This 
appropriation is made payable on the approval of the Governor in 
whole or in part from time to time as in his opinion the condition 
of the treasury may warrant. 

7 SL 



98 PUBLIC SCHOOL LAWS OF ALABAMA. 

board of trustees shall consist of the governor, the su- 
perintendent of education, and eleven other persons, 
who shall be appointed by the governor and confirmed 
by the senate at the meeting of the legislature next fol- 
lowing such appointment, and if any appointment by 
the governor is rejected by the senate, the governor must 
again appoint until the full number of appointments at 
such time is complete; and in case of a vacancy on said 
board by death or resignation of a member, or from any 
cause other than the expiration of his term of office, the 
governor may fill the vacancy by appointment, which 
shall be good until the next meeting of the legislature, 
and until his successor is duly appointed and con- 
firmed. Each trustee shall hold office for a term of six 
years. The board shall consist of three members from 
the congressional district in which the school is located, 
and one from each of the other congressional districts 
in the State. The three members from the district in 
which the school is located shall be appointed from Tal- 
ladega county. The board shall be divided into three 
classes. The members from the first, second, third, and 
one member from the fourth district, shall compose the 
first class. The members from the fifth, six, and one 
member from the fourth district, shall compose the sec- 
ond class. The members from the seventh, eighth, ninth, 
and one member from the fourth district, shall compose 
the third class. Successors to those trustees whose 
terms expire in 1908 shall hold office until 1914; suc- 
cessors to those trustees whose terms expire in 1910 
shall hold office until 1916; successors to those trustees 
Tv^hose terms expire in 1912 shall hold office until 1918; 
and thereafter their successors shall hold office for a 
term of six years ; and the members of the board of trus- 
tees, as now constituted and elected, shall hold office 
until their respective terms expire under existing law; 
and until their successors are appointed and confirmed 
as herein required. No trustees shall receive any pay or 



PUBLIC SCHOOL LAWS OF ALABAMA. gc^ 

emolument other than his actual expenses incurred in 
the discharge of his duties as such. These eleven per- 
sons, and the governor and the superintendent of edu- 
cation, constitute a board of trustees who shall have 
entire management and control of such institution. 

1936. (3701) (1089) (1314) (1028) Quorum and 
meetings of hoard; secretary and treasurer. — A major- 
ity of such board may act, and may meet and adjourn 
from time to time as, in their judgment, the interest of 
the institution may require. They must appoint a sec- 
retary and keep a complete record of all their proceed- 
ings in a well-bound book; and they shall also appoint 
a treasurer, who shall not be a trustee, who shall give 
bond in such amount as the board may determine, and 
with such sureties as they may deem sufficient, for the 
faithful discharge of his duties as such treasurer; and 
he and his sureties shall be responsible for all funds 
which may come into his hands by virtue of his office. 

1937. (3702) (1090) (1315) (1029) Duties of treas^ 
urer. — The treasurer must pay over such funds as may 
come into his hands as such on the written order of the 
principal of the school, countersigned by the secretary 
and recorded in the minutes or records of the proceed- 
ings of the board, kept by such secretary, and the treas- 
urer shall make a full report at the close of the fiscal 
year, and oftener, if required by the governor. 

1938. (3703) (1091) (1316) (1030) President of 
hoard; teachers; compensation of officers. — The board 
must appoint from their number a president, and they 
must also appoint a principal teacher for such institu- 
tion, Avho may nominate to the board such other assist- 
ants in the institution as he may think necessary for its 
successful management, such board having power of 
confirmation or rejection. The board must fix the 



100 PUBLIC SCHOOL LAWS OF ALABAMA. 

amount of compensation for each of the officers and 
teachers, and the time of payment. 

1939. (3704) (1094) (1319) (1032) Object of the 
i^chool; application and admission; term of pupilage. — 
The object of such school shall be to afford the means 
of education to the deaf of the State. All deaf children 
of the State between the ages of seven and twenty-one, 
who are of sound mind, free from disease, and of good 
character, may be admitted to the benefits of this school. 
All applicants must make satisfactory proof to the board 
of trustees that they are citizens of the State, and that 
they are proper candidates for admission. Proof may be 
made by the applicant in person, or by next friend, or 
by affidavit of any person cognizant of the facts, before 
the probate judge or notary public. The lenglh of time 
which any pupil may continue in school shall not exceed 
ten years. Provided, however, that the board of trus- 
tees may increase the term of a pupil from year to year 
upon recommendation of the principal, to not exceeding 
four additional years, and no pupil shall be retained in 
school after having passed the age of twenty-five. No 
pupil shall be retained in school after it has been ascer- 
tained that such pupil has ceased to make progress or 
is not being benefited. Any pupil may be dropped at 
any time for cause by the board of trustees. 

1940. (3708) (1098) (1323) Selection and poicers of 
executive committee. — The board may select from their 
number an executive committee of three, subject to 
change and removal by the majority of the board at 
any time; and such committee is authorized to meet 
and transact any business that may be transacted by 
a majority of the board; and whatever acts such com- 
mittee may do shall be considered as done by the whole 
board. 



PUBLIC SCHOOL LAWS OF ALABAMA. IQl 

1941. (3710) Appropriations for each pupil. — For 
the maintenance and the support of the Alabama School 
for the Deaf the sum of two hundred and thirty-five 
dollars per pupil is hereby annually appropriated out 
of any money in the treasury not otherwise appropri- 
ated, such an appropriation to be based upon the num- 
ber of pupils enrolled on the first day of January in each 
year, and to be drawn quarterly in advance by the treas- 
urer of the board, and disbursed as directed by them. 

1912. (3711) Property to he insured and kept in 
repair: appropriation therefor. — The board of trustees 
must provide ^^ood and sufficient insurance, payable to 
the State of Alabama, upon the property of the State 
and under their control, and keep and maintain such 
property in good repair ; and for these purposes there is 
annually appropriated the sum of three thousand dol- 
lars (|3,000) to be drawn as appropriations for the sup- 
port of the institute are drawn. Such appropriation 
shall be expended only for the purpose herein speci- 
fied. 



ARTICLE 27. 

Alabama Academy for the Blind. 

1943. (3712) Educational institution for the hUnd 
established. — There is established in this State and lo- 
cated at Talladega, an institution for the education of 
the blind, called the Alabama School for the Blind. 

1944. (3713) Control and management. — Such in- 
stitution is under the control and management of the 
board of trustees of the Alabama School for tlie Deaf, 
who may prescribe rules and regulations for the conduct 
of the same. The principal for the Alabama School for 
the Deaf is the chief executive officer. 



102 PUBLIC SCHOOL LAWS OF ALABAMA. 

1945. (3714) Objects of school; application and ad- 
mission; term of pupilage. — The object of such school 
shall be to afford means of education to the blind of the 
State. All blind children of the State between the ages 
of seven and twenty-one who are of sound mind, free 
from disease, and of good moral character may be ad- 
mitted to the benefits of this school. All applicants 
must make satisfactory proof to the board of trustees 
that they are citizens of the State, and that they are 
proper candidates for admission. Ptoof may be made 
by the applicant in person, or by next friend, or by 
affidavit, or by affidavit of any person cognizant of the 
facts, before a probate judge or notary public. The 
length of time which any pupil may continue in school 
shall not exceed ten years; provided the board of trus- 
tees may increase the term of any pupil from year to 
year, upon the recommendation of the principal, to not 
exceeding four additional years. And no pupil shall be 
retained in school after having passed the age of twenty- 
five. No pupil shall be retained in school after it has 
been ascertained that such pupil has ceased to make 
progress or not being benefited. Any pupil may be 
dropped at any time for cause by the board of trus- 
tees. 

1946. (3716) Appropriations for each pupil. — For 
the maintenance and support of the Alabama School for 
the Blind the sum of two hundred and thirty dollars per 
pupil is hereby annually appropriated, such appropria- 
tion to be based upon the number of pupils enrolled on 
the first day of January of each year, and to be drawn 
quarterly in advance by the treasurer of the board, and 
disbursed as directed by them. 

1947. (3717) Officers and teachers. — All officers and 
teachers of such institution must be appointed, and the 
salaries fixed and paid in like manner as the officers and 



a 



PUBLIC SCHOOL LAWS OF ALABAMA. 103 

teachers of the Alabama School for the Deaf are ap- 
pointed and their salaries are fixed and paid. 

1948. (3719) Laws relating to the Alabama school 
for the Deaf applicable. — All laws now in force or here- 
after enacted relating to the admission of pupils and 
the management and control of the Alabama School for 
the Deaf are applicable to the Alabama School for the 
Blind, except so far as such laws may be inconsistent 
-with the provisions of this article. 



AKTICLE 28. 
Alabama School for Negro Deaf Mutes and Blind. 

1949. (3720) Educational institutions for negro deaf 
and blind established. — There is established in this State 
and located at Talladega, an institution for the educa- 
tion of negro deaf and blind, called the Alabama School 
for Negro Deaf and Blind. 

1950. (3721) Control and ma/nagement. — Such in- 
stitution is under the control and management of the 
board of trustees of the Alabama School for the Deaf, 
who may prescribe rules and regulations for the con- 
duct of the same. The principal of the Alabama School 
for the Deaf is the chief executive officer. 

1951. (3723) Object of school; application and ad- 
mission; term of pupilage. — The object of such school 
shall be to afford the means of education to the negro 



Note— On April 11, 1911, an Act was passed making an appro- 
priation of $65,000 to the Alabama schools for the deaf and blind 
for the purpose of providing additional land and the erection and 
equipment of buildings and the installation of a steam heating sys- 
tem. This appropriation is to be paid in four annual payments due 
'October 1, 1911, October 1, 1912, October 1, 1913 and October 1, 1914. 




104 PUBLIC SCHOOL LAWS OF ALABAMA. 

deaf and blind of the State. All negro deaf and blind 
children between the ages of seven and twenty-one who 
are of sound mind, free from disease, and of good char- 
acter, may be admitted to the benefits of the school. All 
applicants must make satisfactory proof to the board of 
trustees that they are citizens of the State, and that they 
are proper candidates for admission. Ptoof may be 
made by the applicant in person, or by next friend, or 
by affidavit of any person cognizant of the facts, before 
a probate judge or notary public. The length of time 
which any pupil may continue in school shall not ex- 
ceed ten years; provided, the board of trustees may in- 
crease the term of a pupil from year to year, upon the 
recommendation of the principal, to not exceeding four 
additional years. No pupil shall be retained in school 
after having passed the age of twenty-five. No pupil 
shall be retained in school after it has been ascertained 
that such pupil has ceased to make progress, or is not 
being benefited. Any pupil may be dropped at any time 
for cause by the board of trustees. 

1952. (3725) Appropriations for each pupil. — For 
tJie maintenance and support of the Alabama School for 
Negro Deaf and Blind the sum of two hundred and thir- 
ty dollars per pupil is hereby annually appropriated, 
such an appropriation to be based upon the number of' 
pupils enrolled on the first day of January in each year, 
and to be drawn quarterly in advance by the treasurer 
of the board, and disbursed a.s directed by them. 

1953. (3726) Laws relating to the Alabama School 
for the Deaf applicable. — All laws now in force or here- 
after enacted relating to the admission of pupils and 
the management and control of the Alabama School for 
the Deaf, are applicable to the Alabama School for Ne- 
gro Deaf and Blind, except so far as such laws may be- 
inconsistent with the provisions of this article. 



PUBLIC SCHOOL LAWS OF ALABAMA. 105 

AETICLE 29. 
Keformatory and Industrial School. 

1954. Corporate name; rights a/nd powers. — There 
is established a reformatory and industrial school, un- 
der the name and style of the "Alabama Industrial 
School/' which is a body corporate, and, as such, shall 
have perpetual succession, may sue, and may have and 
use a common seal, which it may change or alter at its 
pleasure, and may acquire by purchase, or by condemna- 
tion proceedings in the probate court of Jefferson coun- 
ty, in the name of the State of Alabama, such property, 
real and personal, as may be necessary or proper for its 
purposes, and may have and exercise all such powers 
and privileges as may be necessary or proper for carry- 
ing out the purposes of its organization, as herein de- 
clared. 

1955. Directors nominated by governor; term of of- 
fice. — The business, property, and affairs of the corpo- 
ration shall be under the management and control of 
a board of directors, which shall consist of seven ladies 
and the governor, the commissioner of agriculture and 
industries, and the attorney-general of the State, who 
shall be ex officio directors. The ladies constituting the 
first board of directors shall be nominated bv the srov- 
ernor and confirmed by the senate, and those thus nom- 
inated and confirmed shall hold, two for two years, two 
for four years, and three for six years; those holding 
for these respective terms to be designated by the gov- 
ernor in making nominations therefor to the senate. 
Thereafter the lady members of said board shall be elect- 
ed by the continuing members thereof at the expiration 
of their respective terms; and all vacancies caused by 
death, resignation, or otherwise, shall be filled by the 
board. The term of office of each member of the board, 



106 PUBLIC SCHOOL LAWS OF ALABAMA. 

after the expiration of the first term, shall be for six 
years. 

1956. Officers^ agents^ and employees. — The board of 
directors shall elect a president, vice-president, secre- 
tary, and treasurer, and such other officers, agents, and 
employees as to them shall seem necessary or expedient, 
whose term of office of employment shall be for such 
time as the board may prescribe; and the board may 
remove any such officer, agent, or employee at any time, 
with or without cause. The board may also fill all va- 
cancies occurring in any such offices. 

1957. By-laws. — The board of directors may make 
such by-laws, rules, and regulations, not inconsistent 
with the laws of this State, as shall be necessary or ex- 
pedient for the government and management of said 
institution, and of its officers, agents, and employees, 
with power to alter, modify, change, or repeal the same. 

1958. Meetings of the hoard. — The board shall meet 
annually, at such time and at such place as may be 
prescribed by the by-laws ; and special meetings may be 
held at the call of the president, or of the governor, or 
of a majority of the lady directors, upon such notice as 
may be prescribed by the by-laws. 

1959. White children between ages of six and eigh- 
teen provided for. — Said school shall receive, care, and 
provide for the welfare of white boys between the ages 
of six and eighteen, who, by their course of conduct or 
surroundings, are likely to become base or criminal, or 
hurtful to the State or the best interests of society, to 
be committed to the keeping of said school under the 
provisions of this article, or who may be voluntarily 
committed to its keeping by the parent or parents, or 
person having them in charge, or who, having no parent. 



PUBLIC SCHOOL LAWS OF ALABAMA. 107 

guardian, or other person to care for them, voluntarily 
commit themselves to its keeping. 

1960. Commitment of children to reformatory. — Any 
justice of the supreme court, chancellor, judge of pro- 
bate, circuit judge or judge of any city or criminal 
court of this State, may cause to be brought before him, 
upon his own motion, or the sworn complaint of anoth- 
er, any white boy between the ages of six and eighteen 
years, who may come within any of the following de- 
scriptions, to-wit: Any white boy w^ho is begging, or 
any one who is offering for sale or selling anything as a 
mere cover for begging. Any who have been abandoned 
by their parents, or who have abandoned their parents 
and homes, and have no visible means of support. Any 
who do not attend the public schools, and idle away 
their time in the streets, without any actual occupation 
or means of support. Any who are orphans, and have 
no sufficient or proper guardian to care for their phys- 
ical, moral, and mental welfare, to insure the child 
against pauperism and crime. Any who may be found 
destitute, or whose parents are both drunkards, or whose 
mother is a drunkard, lewd, or in prison; and such child 
is not supported and controlled. Any who shall have 
been arrested and brought before police courts repeat- 
edly for petty offenses, and shall appear to be beyond 
control of parents. And upon any such child being 
brought before him, such judge shall proceed, at such 
time as he may appoint, to investigate the condition and 
surroundings of such child, and upon such investigation, 
if he shall be satisfied that the child comes within any 
one of said descriptions, and that it would be for the 
interest of such child that he or she be committed to 
said institution, he will make an order to that effect and 
commit the child to said institution, to be held and pro- 
vided for under its rules and regulations. At any such 
investigation, the judge holding the same shall allow 



108 PUBLIC SCHOOL LAWS OF ALABAMA. 

any one to appear for the child and resist such commit- 
ment; and he shall not make any such commitment if 
the parent, guardian, or a person who is related to the 
child within the fourth degree, and sufficiently qualified 
in his opinion to take care of and provide for the child, 
will appear and agree in writing to take care of and 
provide for the child until he shall arrive at the age of 
sixteen years. 

1961. Appeals from decision committing child. — • 
Any child brought before any judge for such commit- 
ment, or any person for such child, may within five days, 
appeal from the decision of the judge committing him, 
to the circuit or city court held in the county in which 
such investigation is had, upon giving bond, with suf- 
ficient sureties, to be approved by the judge, and in such 
sum as may be fixed by him, to have the child forth- 
coming when the appeal is heard ; and if the appeal be 
taken by any person for the child, the bond shall fur- 
ther provide for the maintenance of the child until said 
appeal is disposed of. If, upon hearing of the appeal, 
the decision of the judge causing the commitment is sus- 
tained, the child shall be committed by the court to said 
institution; but if that decision is not sustained, the 
child shall be discharged. And the judge before whom 
such investigation is made, or to be made, may issue all 
process that may be necessary to have the child brought 
before him, or for commitment 5 and such process shall 
be executed by the sheriff of the county. 

1962. Time children shall he kept in reformatory. — 
Any child committed to said institution under the pro- 
visions of this article shall be kept therein until he 
arrives at the age of twenty-one years, unless sooner 
dismissed therefrom by the order of the board of direc- 
tors, or in pursuance of any by-laws of the institution, 
or by order of the governor of the State. 



PUBLIC SCHOOL LAWS OF ALABAMA. 109 

1963. Reports to legislature. — The ex officio mem- 
bers of the board shall at least once a year visit the insti- 
tution and examine into its management and condition ; 
and at each session of the legislature they shall make to 
that body a report touching the institution and its man- 
agement and condition. 

1964. Criminal children sentenced to school. — When 
any white boy between the ages of seven and sixteen 
years shall have been tried and convicted of any crime 
punishable by imprisonment in the penitentiary, or in 
jail, or by hard labor for the county, before any court of 
this State, the court may, if of the opinion that the in- 
terests of the child would thereby be promoted, sentence 
f^uch child to commitment to said school, in lieu of such 
imprisonment, or hard labor for the county. 

1965. May receive children without authority of 
court. — Said institution may, in its discretion, receive 
any child placed in its care and keeping by its parent 
or parents, without the authority of any court, and may 
keep said child until it is twenty-one years of age; but 
this shall not be done without first making provisions 
for the maintenance of said child under the rules and 
regulations of said institution. 

1966. Exclusive custody of children u?ho are commit- 
ted. — From the time of the lawful reception of any child 
into the institution, and during its stay, said institution 
shall have the exclusive care, custody, and control of 
the child, under such rules and regulations as the board 
of directors may provide. 

1967. Instructions given children committed. — The 
officers of said school shall receive and take into it all 
children committed thereto by competent authority, or 
received therein as aforesaid, and shall cause all chil- 



110 PUBLIC SCHOOL LAWS OF ALABAMA. 

dren in the school to be instructed in such branches of 
useful knowledge as may be suited to their years and 
capacities: The boys shall be taught such useful trades 
as the board may direct, and they shall be taught ac- 
cording to the course of the public schools of the State. 

1968. Treasurer of school; bond of. — The treasurer 
of the school shall, before entering upon the discharge 
of the duties of office, execute bond, payable to the "Ala- 
bama Industrial School," with good and sufficient sure- 
ties, and in such sum as the board of directors may pre- 
scribe, and with condition to faithfully discharge the 
duties of .his office. 

1969. Detention and keeping of children; authority/ 
for. — Any commitment under this article, whether by 
judge, court, or parent, or other person having in charge 
the child, shall be full, sufficient, and competent author- 
ity to the officers and agents of said school for the 
detention and keeping therein of the child so commit- 
ted. 

1970. Convict children separated from others. — Pro- 
vision shall be made for the care of convict children, 
separate and apart from the other children, so far as 
the same can be done with the means at hand. 



Note — On April 18, 1911, an Act was approved providing that the^ 
sum of $150 per year for each inmate of the Alabama Industrial 
School for White Boys be made for the years 1911, 1912. 1913 and 
1914. Also the sum of $7,500 was appropriated to pay an indebted- 
ness of said school existing on December 31, 1910. The further sum 
of $30,000 was appropriated to pay for buildings, machinery, equip- 
ment and other necessary improvements needed. However, the va- 
rious sums appropriated were made payable on the approval of the- 
Governor in whole or in part from time to time, as in his opinion^ 
the condition of the treasury may warrant. 



PUBLIC SCHOOL LAWS OF ALABAMA. m 

ARTICLE 30. 

Preparatory School for Mines and Mining. 

1971. Incorporation and name. — J. J. Mayfield, E. 
N. C. Snow, Hugh Morrow, T. H. Aldrich, H. W. De- 
Bardeleben, J. Collier Foster, and S. Friedman, and 
their successors in office, are a body corporate, to be 
known and styled "A preparatory school for mines and 
mining for the State of Alabama," for the purpose of 
preparing white children of Alabama for the study and 
pursuit of the science and art of mining. 

1972. Location and powers of. — The situs and place 
of business of said corporation shall be at Tuscaloosa, 
Alabama; said corporation may own, possess, and re- 
ceive by gift, purchase, grant, or devise, or in any other 
manner, real and personal property, so long as the same 
have all other powers necessary to carry into effect and 
operation the objects and purposes for which the cor- 
poration is established, or which have been heretofore 
granted by the State to other educational institutions 
may be used for the school purposes, or in any wise con- 
tributing to the maintenance or preparing and instruct- 
ing the white children of the State in the arts and sci- 
ences of mining. And the said corporation may dispose 
of said property by sale, grant, or otherwise, and shall 
not inconsistent with the provisions of this article. 

1973. Faculty; election and term of office. — The trus- 
tees of said corporation shall elect the professors and 
teachers in said school, and fix their salaries and terms 
of office, who shall constitute the faculty of said school, 
which shall institute and prescribe a course of studies 
to be pursued in said school, and the said faculty so con- 
stituted may issue certificates of proficiency to the stu- 
dents in said school. A majority of the trustees hereto- 



112 PUBLIC SCHOOL LAWS OF ALABAMA. 

fore appointed shall constitute a quorum for the trans- 
action of all business in behalf of this corporation. 

1974. Trustees; classification and terms of office. — 
The trustees hereinbefore appointed and named shall be 
divided into five classes, viz. : Classes one, two, three, 
four, five and each class shall hold office respectively 
for the terms of one, two, three, four, and five years 
each, classification to be determined in the order in 
which they are named in the first section of this article ; 
at the expiration of the respective terms of each of said 
trustees his successor shall be elected by a majority of 
the other trustees; provided, that after the expiration of 
the term of the trustees herein named, in the manner 
herein provided, the term of office as to all successors 
shall be for five years, and until their successors are 
elected and qualified. 



ARTICLE 31. 

School Houses. 

1975. Appropriotiai f^r rchoolhouses; dishursement 
of. — The sum of sixty-seven thousand dollars shall be 
appropriated annually, or so much thereof as is neces- 
sary, out of the proceeds arising from the sale of fertil- 
izer tags by the commissioner of agriculture and indus- 
tries, for the purpose of aiding in the erection or repair- 
ing of rural schoolhouses in this State. 

See section 7754, page 40 ; also opinion of the Attor- ^ 
ney General, page 199. ^M 

Note— Sections 1975, 1976, 1977, 1981, 1992, 1993 and 1989 of this 
article were amended by the Legislature in 1911, but the Act amend- 
ing these sections was declared to be unconstitutional by a ruling 
of the Attorney General which mpy be found on page 199 of this 
pamphlet. 



PUBLIC SCHOOL LAWS OF ALABAMA. 



113 



1976. Limitation of appropriation to any one county. 
— Not more than one thousand dollars of this appropri- 
ation shall be used or paid out in any one county of this 
State in a separate fiscal year. 

1977. Application of school districts for part of ap- 
propriation. — The district trustees of any school dis- 
trict, no part of which lies in an incorporated city, town, 
or village, having secured bona fide donations or sub- 
scriptions of not less than one hundred dollars for the 
purpose of building or repairing a public schoolhouse 
in their district, may make application to the county su- 
perintendent of education to receive the benefits of this 
-article. 



1978. Filing and submitting application to county 
hoard. — The county superintendent of education shall 
file such application and make a record of same, and 
submit it to the county board of education. 

1979. Consideration of application by county board. 
— The county board of education shall consider and in- 
vestigate all applications filed, shall approve such as 
-seem just and necessary, giving preference to the most 
needful. 

1980. Record of consideration of applications ; con- 
tests. — The board shall record their proceedings, show- 
ing the applications approved by them, the amounts of 
the donation or subscription and the amount of money 
which the board recommends to be given to such 
district. 

1981. Amount of appropriation. — The amount so rec- 
ommended for any district shall in no case exceed the 
amount secured by donation and subscriptions; nor 
sliall the total for any schoolhouse exceed two hundred 
<lollars. 



8 SL 



114 PUBLIC SCHOOL LAWS OF ALABAMA. 

1982. Plans and spefications for sclioolhouses ; how 
furnished. — No appropriation shall be made for the 
building of a schoolhouse unless said schoolhouse is 
built in accordance Avith the plans and .specifications 
either furnished by or approved by the State superin- 
tendent of education. 

1983. Area of Schoolhouse lot. — No money shall be 
appropriated for the erection of a new schoolhouse 
building on a plat of ground of less dimensions than 
two acres. 

1984. County hoard certifies to State superintendent 
of education application approved. — The county boards 
of education shall certify to the superintendent of edu- 
catiouj in Avriting, showing the county from which ap- 
plications approved by them come, the amount or sum of 
money recommended by said board to be given to such 
districts, and such statement shall be signed by the 
county superintendent of education, giving his postof- 
fice address. 

1985. State superintendent orders uxirrant; auditor 
issues same. — Upon the receipt of the certificate by the 
superintendent of education, he shall request the State 
auditor to draw his Avarrant on the State treasurer for 
the sums or amounts specified therein, and shall lay be- 
fore the State auditor the statements and information 
he may possess; the State auditor shall draw his war- 
rant on the State treasurer for the amount of money to 
be given to each school district, as shown by the certifi- 
cate, and he shall make each of said warrants payable 
to the county superintendent of education of the county 
Avherein such districts are situated, and shall indicate 
thereon for the benefit of what public school districts 
the same is issued. 



PUBLIC SCHOOL LAWS OF ALABAMA. II5 

1986. Delivery and forwarding of tear rants. — Such 
warrants shall be delivered to the superintendent of edu- 
cation, and he shall forward the same to the different 
county superintendents of education as the same are 
paj-able. 

1987. Statements filed and kept. — The statements 
from which said warrants are made up shall be deliver- 
ed or returned to the State superintendent of education 
by the State auditor, after he has had the use of the 
same in the issuance of said warrants, and shall be safe- 
ly kept in the office of the State superintendent of edu- 
cation. 

1988. Receipts for warrants and proceeds thereof. — 
xVll persons or officers receiving any warrant or the pro- 
ceeds thereof issued under this article shall execute a 
receipt to the person or officer from whom he receives 
the same, describing such warrant. 

1989. Payment of tcarrant to district trustees. — 
Whenever it shall be shown to the satisfaction of the 
county superintendent of education that the erection or 
repair of a public schoolliouse has been commenced and 
the amount of subscription or donation secured and a 
deed has been executed, conveying to the State of Ala- 
bama for the benefit of said district, the lot or parcel 
of land on which said public schoolliouse is being erect- 
ed or repaired, or the surface and surface riglits therein 
free of encumbrance or lien, the county superintendent 
shall endorse and deliver to the district trustees said 
warrant and the amount or sum of money named in the 
snme shall be paid to said trustees or to tlieir successors 
in office, the proceeds of which shall be applied by the 
trustees to the building or repairing of the public school- 
house for which such warrant was issued. 



116 



PUBLIC SCHOOL LAWS OF ALABAMA. 



1990. Account ivith each county to he kept by State 
superintendent of education. — The State superintend- 
ent of education shall, in a book kept by him for that 
purpose, open an account with each county in this State, 
and shall charge against that county the amount of each 
warrant issued under this article for the benefit of any 
of the public school districts of such county. 

1991. Warrants not delivered by county superintend- 
ent of education. — Any of the warrants not delivered by 
the county superintendent of education by reason of 
failure of the district to comply with the requirements 
of this article, shall, after the lapse of six months from 
the receipt of same by the county superintendent of edu- 
cation, be by him returned to the State superintendent 
of education, and by him marked cancelled, and if the 
same has been charged against the county in the book 
kept under the preceding section, an entry shall be made 
therein crediting the account of said county with each 
of said cancelled warrants. 

1992. Unexpended balance carried forward. — If, at 
the end of any year, the whole appropriation for that 
year has not been exhausted, the State auditor and the 
State treasurer shall carry the unexpended balance for- 
ward, and this balance shall be available, in addition to 
the regular appropriation for the current year. 

1993. Warrants, and the proceeds thereof; hoio used. 
— The proceeds of all Avarrants issued under this article 
shall be used only for the erection or the repair of the 
public schoolhouses in the district for the benefit of 
which they shall be issued, and it shall be unlawful to 
use or apply the same to any other purpose whatso- 
ever. 



I 



7754. Schoolhouse warrants or proceeds, wrongful 
<jfppUcatioii of: penalty. — Any person who shall know- 



PUBLIC SCHOOL LAWS OF ALABAMA. 117 

ingly use or apply or authorize the use or application 
of the proceeds, or any part thereof, of any warrant de- 
livered to him under article 31 of chapter 41 of this 
Code, for the purpose or objects other than as required 
by said articles, shall be guilty of a misdemeanor, and, 
on conviction, shall be fined not less than two hundred 
dollars nor more than one thousand dollars, and may 
also be imprisoned in the county jail or sentenced to 
hard labor for the county for not more than six months. 

PKOCEEDINGS FOE AND AGAINST COUNTY 

SUPERINTENDENTS OF EDUCATION. 

(CIVIL CODE.) 

5940. Against county superintendent for balance in 
his hands. — Summary judgments must be rendered on 
motion, after ten days' notice, in the circuit court, or 
other court having jurisdiction of the amount, of the 
county in which the defendants, or either of them, re- 
side, against any county superintendent of education 
who has resigned, removed from the county, or been 
legally removed from office, or whose term of office has 
expired, and his sureties, or any or either of them, in 
favor of his successors, if there be one, or if there be no 
successor, in favor of the superintendent of education, 
for the amount of school moneys belonging to his coun- 
ty, which have not been legally disbursed by him or paid 
over to his successor in office, with interest from the 
time of the default, and twenty per cent damages aiid 
costs; and the money when recovered by the superin- 
tendent of education, must be turned over to the county 
superintendent of education. 

5941. Authority to employ counsel. — The county su- 
perintendent of education may employ attorneys to 
prosecute actions under the provisions of this article 
against such defaulters and their sureties; but in no 



118 PUBLIC SCHOOL LAWS OF ALABAMA. 

case shall any attorney receive more than ten per cent 
of the amount which may be collected on any judgment 
obtained by him, or of the amount which may be other- 
wise recovered by him. 

5942. Notice. — The notice of such motion may be serv- 
ed by any sheriff of this State, and must succinctly 
state the cause for which, and the court and term at 
which, the motion will be made. 

5943. TransaHpt of superintendent of education evi- 
dence. — On the trial of such motion, a transcript from 
the books and records in the office of the superintendent 
of education or the State auditor, duly certified under 
his hand, shall be prima facie evidence of the facts 
shown by them. 

5944. Time and manner of trial. — If the notice has 
been given as herein required, such motion shall stand 
for trial at the first term, and the court must hear and 
determine the same, and render judgment upon the evi- 
dence without a jury, unless a trial by jury shall be de- 
manded, when a jury must be immediately impaneled to 
try the issues of fact, unless good cause be shoT\Ti for a 
continuance. 

5945. In favor of teachers for moneys due them; 
court and notice; appeal from justices' court. — Sum- 
mary judgment may also be rendered against the county 
superintendent of education and his sureties, or any or 
either of them, in favor of any teacher of the public 
schools, his legal representative, or assignee, by motion, 
on ten days' notice, in any court of the county of such 
superintendent, of competent jurisdiction, for failing to 
pay over, on demand, to such teacher any moneys in the 
hands of such superintendent due or owing such teacher, 
as required by law, for the amount of such moneys, with 



rUBLIC SCHOOL LAWS OF ALABAMA. Hg 

interest from the time of the demand, and ten per cent, 
damages on the aggregate amount, and costs; but from 
all cases tried before a justice of the peace, or notary 
public ex-officio justice of the peace, either party shall 
have the right to appeal as provided by law in other 
cases decided before such ofl&cer. 



CITY AND TOWN SCHOOLS UNDER MUNICIPAL 
GOVERNMENT. 

* 1348. Schools; regulation of. — Cities and towns shall 
have power to establish, maintain, and regulate public 
schools in which children from seven to twenty-one years 
of age, bona fide residents of and living within the cor- 
porate limits of such city or town, shall be entitled to 
admission ; and non-residents shall be admitted on such 
terms as the board of education may prescribe, and sep- 
arate schools shall be provided for children of African 
descent. 

1349.* Education ; hoard of. — In cities having a popu- 
lation of six thousand or more, the management and 
control of the public schools therein shall be vested in 
a board of education, which shall be composed of five 
members, who shall serve without compensation, and 
shall be qualified electors and residents of the respective 
cities, and who shall not be members of the city coun- 
cil. At the first regular meeting of the council in April, 
or as soon thereafter as may be practicable, at any reg- 
ular meeting, the council shall elect the members of the 
board of education, whose terms of office respectively 
shall be one, two, three, four, and five years. Annually 
thereafter at the first regular meeting in April, or as 



♦Note — In thofse cities and towns where the commission form of 
government has been adopted, the board of education is elected by 
the members of the board of commissioners. With this exception, 
sections 1348-135S will still apply. 



120 PUBLIC SCHOOL LAWS OF ALABAMA. 

sooD thereafter as may be practicable, at a regular meet- 
ing, the council shall elect a member, whose term of of- 
fice shall be five years, to succeed the member of the 
board of education whose term expires that year. In 
the event of a vacancy in the membership of the board, 
by resignation or otherwise, the fact shall be reported to- 
the city council by the board, and the council shall elect 
a person to fill such vacancy for the unexpired term. 

1350. Election of officers of hoard of education. — At 
its first regular meeting in May, after the election of 
said board, or as soon thereafter as practicable, and an- 
nually thereafter, the board shall elect from its mem- 
bership a president and vice-president. It shall also- 
elect a clerk, who need not be a member of the board, 
and may fix his compensation. The vice-president shall 
perform the duties of the president only when the pres- 
ident may be absent from the city or unable to perform 
his duties. The board may fill any vacancy occurring"^ 
from any cause in any of the offices mentioned in this 
section. 

1351. School property ; how held. — All property, real 
and personal and mixed, now held or hereafter acquired 
for scliool purposes, shall be held in trust for the use of 
the public schools of the city or town, and no sale or 
purchase of real estate shall be made by any other than 
the city council of such city or town. The board of ed- 
ucation shall have full and exclusive power, within the 
limits of the revenue appropriated for such purpose or 
accruing to the use of the public schools, to purchase 
fixtures, furniture, apparatus, libraries, fuel, and sup- 
plies for the use of the schools and to sell the same, and 
to make expenditures for the maintenance and repair of 
the school ground, buildings, and other property, to es- 
tablish and build new schools, when sites have been pro- 
vided by the city council, and to superintend the erec- 
tion thereof, to make additions, alterations, and repairs 



PUBLIC SCHOOL LAWS OF ALABAMA. 121 

to the buildings and other property devoted to school 
uses, and to make necessary and proper regulations, con- 
tracts, and agreements in relation to such matters. All 
such contracts shall inure to the benefit of the public 
schools, and any suit at law or in equity, brought upon 
them, and for the recovery and protection of money and 
property belonging to and used by the public schools, 
or for damages, shall be brought by and in the name of 
the city. 

1352. Appropriation for scJiooIs. — Each year the 
board of education shall make an estimate in detail of 
the amount of money required for the proper support 
and maintenance of the public schools during the next 
ensuing scholastic year, which shall be submitted to the 
city council, and the city council shall make annual ap- 
propriations for the support and maintenance of the 
schools that it may deem necessary and proper in view 
of all other needs of the government of the city and of 
the expected revenues from taxes and otherwise. Money 
so appropriated and all money received from the school 
fund of the State, poll taxes, the sale of school property, 
the sale of bonds for school purposes, and from any 
other source whatever for school purposes, shall be 
held by the treasurer of the city as a special fund or 
funds for school purposes, and it shall be paid out by 
him on warrants drawn by the clerk of the board and 
countersigned by the president, or vice-president, when 
acting as president of the board of education, and by 
the clerk of the city, and not otherwise, and no warrant 
shall be drawn unless in pursuance of a resolution of 
the board of education entered upon its minutes. 

1353. SIchooJ: control of. — The board of education 
shall have full control of the public schools of the city 
or town. It shall have power to establish schools, to 
discontinue any school, to consolidate schools, to pre- 



122 PUBLIC SCHOOL LAWS OF ALABAMA. 

scribe courses of study and books to be used, not in con- 
flict with the general law in reference to text-books, to 
divide the city into school divisions as circumstances 
may require, to employ teachers and a superintendent 
of schools and necessary employees and to fix their sal- 
aries and wages, to establish and maintain high schools 
and prescribe rules for the expulsion of pupils, to expel 
any pupil guilty of gross disobedience or willful mis- 
conduct, to dismiss any superintendent, teacher, or em- 
ployee, when in its opinion the interests of the schools 
require it, and generally to have and exercise all rights, 
powers, and authority required for the management of 
a system of public schools. It shall be the duty of the 
board of education to examine, or cause to be examined, 
all persons, at times and places fixed by it, offering as 
candidates for teacher's places, and when found quali- 
fied to give them certificates of qualification gratuitous- 
ly, to grant diplomas without charge to graduates of the 
high schools, to visit all schools as often as once a 
moDtli, to establish and uniformly enforce proper rules 
and regulations, to inquire into the performance of their 
duties by the teachers and superintendent, and into the 
progress of the pupils, and to prepare and submit to the 
city council an annual report showing the operation of 
the schools for the past scholastic year, and suggesting 
their needs for the future. 

1354. ^uperinte7ident of schools. — It shall be the 
duty of the board of education to elect a superintendent 
of schools, fix his term of ofiice and salary, and pre- 
scribe his powers and duties. The superintendent shall 
be required to give bond for the faithful performance of 
his duties, which shall be payable to said city, in a sum 
to be fixed by the board, not less than three thousand 
dollars, with surety or sureties to be approved by the 
president of the board, the bond to be filed with the clerk 
of the city or town. The superintendent may be elected 
clerk of the board of education, and if so elected his 



I 



PUBLIC SCHOOL I AWS OF ALABAMA. ^23 

bond shall stand as security for the faithful perform- 
ance of his duties as clerk, as well as superintendent, 
however conditioned. It shall be the duty of the clerk 
of the board of education to keep full and correct detail 
account of all money received and expended. The super- 
intendent shall attend to the taking of the school cen- 
sus, which shall be taken in the months of April of each 
odd year, and it shall be his duty to make complete and 
accurate reports of the same to the superintendent of 
education of the state. 

1355.* Board of education of towns having over one 
thousand and less than six thousand inhabitants. — 
Towns having a population of more than one thousand 
and cities having a population of les than six thousand 
shall have a board of education to consist of five mem- 
bers, which shall be elected by the council at its first 
meeting in April, 1909, or as soon thereafter as may be 
practicable, and every two years thereafter. The mem- 
bers of said board shall be qualified electors and shall 
serve without compensation. As soon after the election 
as practicable, said board shall organize by electing one 
of their number president, and shall also elect one of 
their number secretary of said board. And said board 
shall have all the powers and be rested with all the au- 
thority in relation to public schools as boards of educa- 
tion in cities of six thousand or more population. 

In towns of one thousand population or less the man- 
agement and control of the public schools therein shall 
be vested in a board of education to consist of five mem- 
bers, who shall have all the powers and be vested with 
all the authority in relation to such public schools as 
boards of education in cities. Said board of education 
shall be elected by the qualified electors of the town at 



♦Note — In those cities and towns where the eommision form of 
government has been adopted, the board of education is elected by 
the members of the board of commissioners. With this exception, 
sections 1.S48-135S will still apply. 



124 PUBLIC SCHOOL LAWS OF ALABAMA. 

the first regular municipal election held under the pro- 
visions of this chapter and biennially thereafter. 

1356. Scohol districts. — Each inocrporated city, or 
town, as a special school district, or embraced therein, 
shall receiye its proportionate share of the public school 
revenue to be paid over by the state superintendent of 
education direct to the city superintendent of schools 
and by him paid over to the treasurer. 

1357. Municipalities exempt from school law. — The 
provisions of this chapter relative to public school sys- 
tems, except as to issue of bonds for the purchase of sites 
and the erection of public school houses, or either, shall 
not apply to cities, and towns in counties now having by 
law a combined city and county school system, operated 
under a single board of education, or where the mem- 
bers of the board hold office for life ; but any city may 
issue bonds to procure money to purchase sites and erect 
public school houses or either, and in all cases whenever 
any city or town in this State shall authorize an issue 
of bonds as provided by this chapter for the purpose of 
purchasing or constructing public school houses and 
buildings, the proceeds arising from the sale of bonds 
authorized to be issued by this chapter, shall be turned 
over to the board of education or other board acting as 
such by whatever name called, having control of the 
public schools in said city or town, to be applied to the 
payment of the costs of the improvement in said city 
or town including purchase price of suitable site there- 
for, as designated in the ordinance providing for the 
issue of the said bonds; and shall be administered under 
the direction of the said board of education or other 
board acting as such, and such board shall have full 
power of administration in and about the management 
and control of the said school or schools thus construct- 
ed, as part of the system under their administration 



PUBLIC SCHOOL LAWS OF ALABAMA. 125 

and control. Where, by any provision of laws, any cer- 
tain or definite percentage or taxes, either or both, is 
required to be used for the maintenance of the public 
schools, then such provision shall be unaffected by this 
chapter and shall be and remain in full force and effect. 

1358. Libraries. — Cities and towns shall have the 
right to establish and maintain or aid in establishing 
and maintaining public libraries, either separately or 
in connection with the public schools. 



ACTS OF THE LEGISLATUEE OF ALABAMA 
PASSED AT THE SPECIAL SESSION 
IN 1909 AND AT THE REGULAR 
SESSION IN 1911. 



CHILD LABOR LAW. 

No. 107.) AN ACT (H. 49 

To regulate the employment of child labor in certain 
mills, factories and manufacturing establishments in 
this State, and to provide for the inspection of the 
rooms, places and premises wherein they are worked, 
and to adequately punish violations of this Act. 

1. Be it enacted by the Legislature of Alabama, No 
child under twelve years of age, shall be employed, or 
permitted to work in, or be in or about any mill, factor^' 
or manufacturing establishment in this State. 



Note — For convenience some of the Acts passed at these sessions 
have been placed in other parts of this pamphlet. 

Note — With the exceptions of Sections 8 and 11* this Act was ap- 
proved August 20, 1000. Sections 8 and 11 are as amended by an 
Act approved April 21. 1011. 



126 PUBLIC SCHOOL LAWS OF ALABAMA. ' 

2. No child between the ages of twelve and sixteen 
years shall be employed or permitted to work, or detain- 
ed in, or about any mill, factory or manufacturing estab- 
lishment in this State, unless such child shall attend 
school for eight weeks in every year of employment, six 
weeks of which shall be consecutive. 

3. No child under the age of fourteen years shall be 
employed, or detained in, or he in, or about any mill, 
factory or manufacturing establishment within this 
State for more than sixty hours in one week. 

4. No child under sixteen years of age shall be em- 
ployed, or detained in, or be in, or about any mill, fac- 
tory or manufacturing establishment Avithin this State 
between the hours of 7 o'clock p. m., and 6 o'clock a. m. 
standard time. 

5. No child over sixteen and under 18 A^ears of age, 
shall be so employed, or detained between said hours for 
more than eight hours in any one night. 

6. It shall be unlawful for any person, firm, or cor- 
poration, to employ, or detain in, or permit to work in, 
or be in, or about any mill, factory, or manufacturing es- 
tablishment, an^^ child under eighteen jears of age, with- 
out first requiring said child to present on a blank fur- 
nished by the emplo^^er the form of which shall be pro- 
vided by the inspector, the affidavit of the parent, or 
guardian, or other person standing in parental relation 
to such child, stating the date and place of birth of said 
child. 

7. Such affidavit shall be filed by such employer 
within ten days after the employment of such child in 
the office of the judge of probate of said county and 
shall be numbered and labeled with the name of the 
child, and a complete index thereof made and preserved 



PUBLIC SCHOOL LAWS OF ALABAMA. 127 

as other records in said office. For the services so ren- 
dered the judge of probate shall receive from the county 
treasurer ten cents for each such affidavit. A copy of 
said affidavit shall be forwarded within ten days after 
the employment of such child, to the inspector at Mont- 
gomery, Ala. 

8. Any person, firm or corporation who violates any 
of the provisions of this chapter or who knowingly per- 
mits any child to be employed, or detained in, or be in, 
or about his, their or its mills, factory or manufactur- 
ing establishment, contrary to the provisions of this 
chapter, or who shall fail or refuse to furnish the in- 
spector the necessary information upon all such mat- 
ters as he is required to report upon, and, all such other 
information as is necessary \sith reference to the keep- 
ing of records in the office of the said inspector, shall 
be guilty of a misdemeanor, and upon conviction, shall 
be punished by a fine of not less than fifty dollars nor 
more than one hundred dollars for each offense. 

9. Any person, firm, or corporation, who violates 
any of the provisions of tliis chapter or who employes 
any child, or knoA\'ingiy permits any child to be employ- 
ed, or to work in, or about, or be detained in, or be in, 
or about any mill, factory, or manufacturing establish- 
ment, contrary to law, or who fails, or refuses, to obey 
promptly every lawful order or direction given by the 
inspector under this law, must on conviction be fined 
not less than fifty dollars, nor more than one hundred 
dollars, and upon a second conviction for any violation 
of this law must be fined not less than one hundred nor 
more than five hundred dollars, and if a natural person 
be sentenced to hard labor for not more than six 
months. 

10. Any person, who knowingly makes any false affi- 
davit when an affidavit is required under this chapter, 
is guilty of perjury. 



128 rUBLlC SCHOOL LAWS OF ALABAMA. 

11. The state iDrison inspector, in person or by his 
chief clerk or deputy inspectors, is charged with the du- 
t}^ of inspecting all mills, factories, and manufacturing 
establishments wherein women and children work, and 
he must inspect every such mill, factory or manufac- 
turing establishment at least four times a year, if prac- 
ticable, Avithout notice of his purpose to do so. He shall 
thoroughly inspect each manufacturing establishment, 
and ascertain their sanitary condition, and whether a 
good supply of fresh drinking water and fresh air and 
suitable water closets for the women and girls are pro- 
vided, and separate and apart from those for the use 
of boys and men, and particularly the ages and condi- 
tion of the children employed, at work in, or detained 
therein and he shall carefully examine all affidavits filed 
under this law, and in connection therewith, the chil- 
dren named therein, and all other matters concerning 
the operation and condition of the manufacturing es- 
tablishments in which children work, or are detained, 
and make written orders requiring correction of defects 
in, or about the mills, or manufacturing establishment.. 

12. The inspector shall make written report to the 
governor of every examination of every manufacturing 
establishment inspected by him, and note every refusal 
or failure to comply with or observe the law, in any re- 
spect, which reports must be published annually. 

13. It shall be the duty of the inspector to remove 
from any mill, factory, manufacturing establishment 
any child found working or detained therein, contrary 
to law, and to remove therefrom any child who is afflict- 
ed with any infectious, contagious, or communicable dis- 
ease. The judgment of the inspector as to the removal 
of any child shall be final and conclusive. 

14. It shall be the duty of the inspector to institute 
prosecutions against the owners, operators, managers, 



PUBLIC SCHOOL LAWS OF ALABAMA. ]29 

and superintendents of any such mills, factorv, or man- 
ufacturing establishment for every violation of law that 
they may discover, and to furnish to the solicitor of the 
circuit or county the names and addresses of all neces- 
sary witnesses. 

15. The inspector shall have free access at any time 
to any mill, factory, or manufacturing establishment, 
Avherein women and children work, or are detained, and 
no person shall refuse to allow the inspector to have free 
access to a manufacturing establishment and every part 
thereof. 

16. Xo person shall hinder or obstruct the inspector 
in inspecting or make any false, or misleading state- 
ment to the inspector about the establishment, its op- 
eration, or condition, or about any person working or 
detained therein. 

17. All persons must have a plainly printed copy of 
the Child Labor Law posted upon the office and in ever^^ 
room in which any person works in the mill, factory, or 
manufacturing establishment. 

18. Any person violating the three preceding sec- 
tions, must, on conviction, be fined, not less than one 
hundred nor more than five hundred dollars, and on 
subsequent conviction be fined not less than five hun- 
dred dollars and may be usen fenced to hard labor for not 
more than one year. 

19. Any owner or manager of a mill, factory or man- 
ufacturing establishment who disobeys any order of the 
inspector, removing a child from the mill, factory or 
manufacturng establishment ; or who permits any child 
who lias been removed by the inspector to return to 
work therein, or to be in, or about the mill, factory, or 
manufacturing establishment without the written per- 

SL 



130 PUBLIC SCHOOL LAWS OF ALABAMA. 

mission of the inspector must on conviction be fined not 
less than fifty dollars nor more than one hundred dol- 
lars. 

20. The inspector of jails and alms houses is au- 
thorized to employ a competent clerk, with the approv- 
al of the governor, who shall be authorized to perform 
the same duties as by law the inspector is authorized to 
perform and shall have and exercise the same powers 
under the direction of the inspector as the inspector has 
by law. The annual salary of the clerk of the inspector 
shall be eighteen hundred dollars payable monthly out 
of the State treasury as clerks in the other depart- 
ments. 

21. This chapter shall apply only to manufacturing 
establishments engaged in manufacturing or working in 
cotton, wool, clothing, tobacco, printing and bindling, 
glass, or other kind of work that is injurious to health 
when carried on indoors. 

22. The inspector and the clerk of the inspector 
when traveling in the performance of their duties here- 
under shall be reimbursed their actual traveling ex- 
penses when approved by the governor to be paid on the 
warrants of the State auditor. 



No. 65) AN ACT (H. 55 

To provide for the filling of any vacant office, of the 
State, or any county, or any municipality, when there is 
no provision of laAV for filling such vacancy. Be it en- 
acter by the Legislature of Alabama : 

1. That Avhen any office of the State, of any county, 
or municipality thereof, is vacant from death, resigna- 



PUBLIC SCHOOL I AWS OF ALABAMA. 131 

tion, removal from the municipality, county, or State, or 
because the former incumbent absconds, or because an 
incumbent has been removed for ineligibility or when 
the office is vacant from any other cause, and there is 
no way provided by law for the filling of such vacant of- 
fice, the governor is hereby empowered and required to 
appoint a qualified person to fill the unexpired term of 
such office. 

Approved August 25, 1909. 



No. 15.) AN ACT (H. 141 

To require the Board of Ee venue and Eoad Commis- 
sioners of Mobile County annually to levy a special tax 
of one-fifth of one per centum upon each one hundred 
dollars of all property assessed for taxation in said 
county, in addition to the special taxes now levied there- 
in, for the support of the public schools of said county." 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That the Board of Kevenue and Eoad Commis- 
sioners of Mobile county be required annually to levy 
a special tax of one-fifth of one per centum upon each 
one hundred dollars of all property assessed for taxa- 
tion in said county, in addition to the special taxes now 
levied therein, for the support of the public schools of 
said county. 

Sec. 2. Said taxes shall he paid over to the Board of 
School Commissioners of Mobile county by the Tax Col- 
lector of Mobile county as rapidly as the same is by 
him collected. 

Sec. 3. Said I^oard of Eevenue and Eoad Commis- 
sioners shall within fifteen days after the date of ap- 
proval of this act, at a special meeting thereof to be 



132 PUBLIC SCHOOL LAWS OF ALABAMA. 

called for that purpose, or at any lawful meeting held 
within that period, levy said tax for the tax year of 
1909 upon the property now assessed or to be assessed 
for that year in said county. 
Approved August 9th, 1909. 



^o. 10) AN ACT (H. 60 

To educate the children of Alabama on the evils of 
intemperance. Be it enacted by the Legislature of Ala- 
bama : 

1. That it shall be the duty of the State Superintend- 
ent of Education of the State of Alabama to have pre- 
pared and furnished to the teachers in the public schools 
placards printed in large type upon which shall be set 
forth in attractive style statistics, epigrams and mot- 
toes showing the evils of intemperance especially from 
the use of intoxicating liquors. 

2. That it shall be the duty of the said State Super- 
intendent of Education to make changes in the matter 
printed on the said placards from time to time as he 
may deiem proper and that he shall at all times keep the 
public schools of Alabama provided with a sufficient 
number of said placards to post one of them in every 
school room of Alabama. 

3. That the expenses of printing and expressing the 
said placards shall be paid out of the State treasury on 
an account made out by the said State Superintendent 
of Education and approved by the Governor and the 
Auditor shall draw his warrant for the same. 

4. That it shall be the duty of every public school 
teacher in the State to keep (me of the said placards 



PUBLIC SCHOOL LAWS OF ALABAMA. 13;^ 

posted in a conspicuous placo in the school room oc- 
cupied by such teacher. 

5. That it shall be the duty of the county superin- 
tendent of education and the district trustees to assist 
in the carrying out of the provisions of this Act. 

6. That there shall be one day in each scholastic 
term of the public schools set apart to be known as 
Temperance Day when a suitable program shall be pre- 
pared to the end that the children of Alabama may be 
taught the evils of intemperance. 

A^pproved August 19th, 1909. 



No. 94) AN ACT (S. 66 

To authorize the cities and towns of this State to con- 
vey real or personal property and to make appropria- 
tions of money from city funds, and issue bonds to aid 
in the location and in the construction of high schools 
and high school buildings, and to ratify and confirm all 
such conveyances and appropriations which have here- 
tofore been made by any such city or town. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That the cities and towns of this State be and 
they are hereby authorized and empowered to convey 
real or personal property belonging to such cities or 
towns, and to make appropriations from city or town 
funds, and issue bonds to aid in the location and in^ 
the construction of high schools and high school build- 
ings under the act of the Legislature of Alabama, ap- 
proved August 7, 1907, entitled "An Act to provide for 
the establishment of high schools in this State, and to 
make appropriations for said schools." 



134 PUBLIC SCHOOL LAWS OF ALABAMA. 

Sec. 2. That all such conveyances of property and 
appropriations of funds which have heretofore been 
made for the purpose named in section 1 of this act, be 
and the same are hereby ratified and confirmed. 

Approved August 26, 1909. 



No. 217) AN ACT (S. 7 

To authorize and empower the commissioners court, 
board of revenue, or other court of county officers of 
similar or like jurisdiction to donate or appropriate 
funds from the county treasury to aid in the construc- 
tion or improvement of necessary buildings and the 
maintenance and support of tl^ose State schools known 
as county high schools established under the Act of the 
Legislature approved August 7, 1907, and to ratify and 
confirm all appropriations heretofore made for such 
purposes and to repeal all laws and parts of laws in 
conflict therewith. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That on and after the approval of this act by the 
Governor it shall be lawful for the commissioners court, 
board of revenue, or other court or officers of the county 
of similar or like jurisdiction to donate or appropriate 
funds from the county treasury to aid in the construction 
or improvement of necessary buildings and the mainte- 
nance and support of those State schools known as coun- 
ty high schools, established in the several counties of the 
-State under an Act of the Legislature entitled an act to 
provide for the establishment of high schools in this 
State, and to make appropriations for said schools, ap- 
proved August 7th, 1907, such donations or appropria- 
tions to be applied to the benefits of said schools under 
the supervision and control of the county boards of edu- 
cation, and not otherwise. That appropriations hereto- 



PUBLIC SCHOOL LAWS OF ALABAMA. I35 

fore made from county funds by the courts of county 
commissioners or the courts or boards of revenue of 
the several counties of this State to be used in 
the construction or maintenance of such schools 
are hereby ratified and confirmed, provided that the pro- 
visions of this act shall not affect suits heretofore filed 
to test the legality of appropriations made by courts of 
county commissioners or boards of revenue to aid in the 
construction of county high schools; Provided, further, 
that the appropriations being tested by such pending 
suits are hereby ratified and confirmed and this act shall 
not be set up as a defense to any such pending suit. 
Approved August 26, 1909. 



:No. 246.) AN ACT (H. 301. 

To regulate and provide for the location of public 
schools in school districts in which are located a manu- 
facturing plant or manufacturing plants, employing 
fifty or more children within the school age, who are 
subject to the child labor law. 

Be it enacted hij the Legislature of Alabama: • 

Section 1. That it shall be the duty of any county 
board of education or the board of education of any 
town or city in which there is located one or more man- 
ufacturing plants employing fifty or more children with- 
in the school age, who are required by the child labor 
law to attend school for any certain length of time dur- 
ing the year, to locate, or cause to be located, a public 
school for the accommodation of the children within 
the school age employed by such manufacturing plant, 
or plants, and to apportion to the said schools so located 
such proportion of the school funds of said district as 
may be necessary to run the school or schools as nearly 
as practicable the same length of time as the other 



]36 PUBLIC SCHOOL LAWS OF ALABAMA. 

school or schools of the district are run; provided fur- 
ther, in incorporated cities or towns in which two or 
more schools are maintained that one or more of said 
schools may be designated by the proper school author- 
ities as the school for the accommodation of the children 
within school age employed in such plant or plants. 

Sec. 2. All laws and parts of laAvs in conflict with the 
provisions of this act be and the same are hereby re- 
pealed. 

Approved April 6, 1911. 

No. 485.) AN ACT (H. 217. 

To authorize the sale and conveyance of certain lands 
Avhich have been conveyed to the State for school pur- 
poses. 

Section 1. Be it enacted by the Legislature of Ala- 
hama. That whenever the county board of education of 
any county shall certify to the superintendent of educa- 
tion of the State that it is to the benefit of the public 
school interests of such county or a public school dis- 
trict thereof for any lands situated in such county or 
clistrict which have been conveyed to the State of Ala- 
bama for school purposes under the provisions of article 
20 or 31 of chapter 41 of the code of Alabama to be 
sold, particularly describing the same, the superinten- 
dent of education, upon the receipt of such certificate, 
shall be and he is hereby authorized and empowered, 
^^dth the approval of the governor, to sell and convey 
such land, either at public or private sale, and upon such 
consideration as may to him appear just and proper in 
the premises, and to execute a deed to the purchaser of 
the same in the name of the State of Alabama, and up- 
on the delivery of such deed, the same shall divest all 
the right, title and interest of the State of Alabama in 
said land and invest it in such purchaser. 



PUBLIC SCHOOL LAWS OF ALABAMA. 



137 



Sec. 2. That the proceeds of any sale of lands made 
under this act shall be by the superintendent of educa- 
tion paid to the county board of education of the 
county where such land is situated, or to the chief 
executive officer of said board. That said proceeds 
shall constitute a part of the public school fund 
of such county ; provided, however, if said land was con- 
veyed to the State under article 31 of chapter 41 of the 
code of Alabama, then such proceeds shall be used by 
said county board of education for the exclusive use of 
the public school .district in which said land is located. 

Approved April 18, 1911. 



No. 703.) 



AN ACT 



(H. 916. 



To establish a High School for Dale County, to be lo- 
cated at Ozark, Alabama. 

Section 1. Be it enacted by the Legislature of Ala- 
bama \ There is hereby established a high school for 
Dale county, which shall be located at Ozark in said 
county, and which shall be run free of all tuition charges 
to every pupil of the county who may attend the school. 

Sec. 2. There is hereb}^ appropriated annually out 
of the State treasury the sum of five thousand dollars 
for the support and maintenance of the school, which 
sum shall be in addition to and a supplement of all other 
funds set apart in any manner to the school district in 
which the school shall be located. The funds herein ap- 
propriated shall be paid monthly by the State treasurer 
upon warrant issued by the State auditor on the order 
of the board of trustees of the school. 



Sec. 3. The governor, the State superintendent of 
education, the county superintendent of education 



138 PUBLIC SCHOOL LAWS OF ALABAMA. 

of Dale county, the mayor of the city of Ozark, 
shall be ex-officio members of the board of trus- 
tees of the school, and shall, together with three mem- 
bers, to be appointed by the governor, who shall be qual- 
ified electors and citizens of Dale county, and whose 
term of office shall expire with that of the governor 
making such appointment, constitute the board of trus- 
tees of the school. The term of office of the three mem- 
bers of said board heretofore appointed and now serving 
on the present board of trustees shall expire upon the 
approval of this act. The board of trustees shall elect a 
treasurer, who shall have charge of the funds of the 
school and disburse the same upon the order of the 
board of trustees. 

Sec. 4. The board of trustees shall elect teachers for 
the school, fix the amount of their salaries, make all 
contracts pertaining to the business of the school, and 
shall have full power to control and manage the school 
and do any and all acts necessary for carrying out the 
provisions of this act. 

Sec. 5. This law shall go into effect when the gov- 
ernor shall have certified to the State auditor that a 
building suitable for the school, of not less than ten 
thousand dollars value has been provided for the school 
and deeded to the State. 

Approved August 9, 1907. 

Section 3 amended April 18, 1911. 



No. 483.) AN ACT (H. 724. 

To create a board of trustees for the government and 
control of the several State normal schools for whites, 
and for the making and enforcing of a course of study 
for the said State normal schools and for the rural 



PUBLIC SCHOOL LAWS OF ALABAMA. 139 

schools of the State, and for the repealing of any gen- 
eral and special laws and provisions of any charter or 
charters in conflict with the provisions of this act. 

Section 1. Be it enacted hy the Legislature of Ala- 
bama, That a board of eight members consisting of the 
governor, the superintendent of education and six mem- 
bers appointed by the governor be and the same are 
hereby created a board of trustees for the government, 
regulation and control of the several white normal 
schools of the State. 

Sec. 2. The six appointive members appointed re- 
spectively for one year, two years, three years, four 
years, five years, and six years, with the superintendent 
of education and the governor, who shall be ex-officio 
chairman of the board, shall constitute the board of 
trustees for the government, control and regulation of 
the several white normal schools of the State. At the 
expiration of the term for which each tinistee shall have 
been appointed, after the passage of this act, a trustee 
shall be appointed for a period of six years. 

Sec. 3. It shall be the duty of the board to visit each 
school under its supervision at least once during each 
scholastic year for the purpose of making such inspec- 
tion of its work and gathering such information as will 
enable said board to perform its duties intelligently and 
effectively. 

Sec. 4. It shall be the duty of this board of trustees 
to require, as far as possible, the same course of study, 
the same educational standards and ideals for the said 
normal schools of the State; and to secure this end, the 
board of trustees may require, at the hands of a com- 
mittee composed of presidents of the said normal 
schools, the preparation and submission of a proposed 
course of study, which may be adopted in whole or in 



140 PUBLIC SCHOOL LAWS OF ALABAMA. 

part by the board of trustees, and when so adopted, the 
said course of study, shall be maintained in those nor- 
mal schools to which, under the direction of the board 
of trustees, the said course of study may apply. 

Sec. 5. The said board of trustees shall have the 
power and it is made their duty to elect all presidents, 
or other officials, professors and other teachers employ- 
ed in any of the normal schools and to fix their salaries. 
It is made the duty of the president of each school to 
nominate annually to the board of trustees such pro- 
fessors, teachers, officials and assistants as in his opin- 
ion will promote the best interests of the institution. 

Sec. 6. The board of trustees, shall have the poAver 
to make such rules and regulations for the governnient 
of its own actions and for the regulation and control of 
the several normal schools of the State, as may be nec- 
essary for the enforcement of the provisions of this 
act. 

Sec. 7. It is made the duty of the six appointive 
members of this board to make an official report to 
each legislature of Alabama. This report shall set 
forth briefly the condition, the progress and the needs 
of each of these schools and the report shall contain 
such other information and .shall make such recommen- 
dations as the board may deem right and proper. 

Sec. 8. It is hereby made the duty of the board of 
trustees of the State normal schools to meet at the call 
of the chairman or at the call of the State superinten- 
dent of education, Avho shall be the secretary of the 
board, and at such other times as may be indicated by 
request of the -majority of the appointive members of the 
board. 

Sec. 9. The members of the board of trustees shall 
serve without pay, except that they shall be reimbursed 



1 
7 



PUBLIC SCHOOL LAWS OF ALABAMA. i4[ 

from the funds of the State normal schools for their ac- 
tual expenses incurred in attending meetings of the 
board. 

Sec. 10. It is made the duty of the board of trustees 
to extend, as far as possible, the usefulness of the State 
normal schools, by providing for summer training 
courses for teachers, thus recognizing the importance of 
keeping these schools open at all times, for the training 
and improvement of the public school teachers of Ala- 
bama. 

Sec. 11. All laws and parts of laws, whether general, 
special or charter, in conflict with the provisions of this 
act be and the same are hereby repealed. 

Approved April 18, 1911. 



No. 345.) AN ACT (S. 222. 

To provide for the establishment of libraries in the 
rural town and village schools of Alabama, to make an 
appropriation therefor, to provide for their maintenance 
and for their improvement, to authorize the commission- 
ers' court or the board of revenue of the several counties 
to make an appropriation for the establishment and 
support of said libraries, and to provide rules and regu- 
lations under which said libraries shall be established 
and maintained. 

Be it enacted hy the Legislature of Alabama: 
Section 1. That the sum of one hundred dollars 
(1100.00) for each county, in all sixty-seven hundred 
dollars (|0,700.00) be and the same is liereby appropri- 
ated annually out of any moneys not otherAvise appro- 
priated for the purpose of establishing and maintaining 
libraries in the public schools of Alabama; provided, 



142 PUBLIC SCHOOL LAWS OF ALABAMA. 

that the provisions of this act shall not apply to any 
school located in a town or city of more than one thou- 
sand inhabitants. 

Sec. 2. That any commissioners' court, or board of 
revenue^ or other similar court in any county of this 
State be and the same is hereby authorized to appro- 
priate not less than ten (|10.00) dollars, to each dis- 
trict public school in the county in any one year for the 
purpose of establishing, maintaining, enlarging, or im- 
proving public libraries in rural, village, or town 
schools; provided, that no appropriation shall be made 
to any school located in a town of more than one thou- 
sand inhabitants. 

Sec. 3. That in order to obtain the benefits of the 
provisions of this act, the patrons or friends of any 
district school shall first raise a sum of not less than 
ten (flO.OO) dollars, and deposit the said amount with 
the county superintendent of education. He shall with- 
in ten days, certify to the commissioners' court or other 
similar court or board of the said county, the fact of the 
said deposit, and request action thereon. Thereupon 
the said court or board shall at once, or at the first 
term following the receipt of the notice, consider the 
application, and shall either dismiss the same or make 
an appropriation of not less than ten (flO.OO) dollars. 
If the appropriation shall be made, the probate judge 
or other presiding officer of the court or board shall on 
the same date certify the fact to the county superinten- 
dent of education, who shall immediately thereafter, 
transmit the same to the State superintendent of edu- 
cation. On receipt of notice the State superintendent 
shall make a requisition upon the State auditor for 
the sum of ten (|10.00) dollars, in order to meet such 
donation and appropriation. The said warrant shall 
be drawn in favor of the county treasurer of school 
funds, to whom shall also be at once paid over by the 



PUBLIC SCHOOL LAWS OF ALABAMA. I43 

county superintendent of education the amount first 
collected by voluntary subscription, and the sum appro- 
priated by the county. An account of said sums so re- 
ceived shall be kept separate ; and they shall be paid out 
by him as hereinafter directed. 

Sec. 4. That the State superintendent of education, 
with the assistance of the director of the department of 
archives and history, shall compile and publish a care- 
fully selected and annotated list of books from which 
the libraries herein provided shall be chosen, and they 
shall also adopt and publish rules and regulations for 
the choice of books, their uses, preservation and circula- 
tion, the erection of book shelves or book cases, and 
the equipment of library rooms or buildings, and the 
training of librarians or custodians for the libraries, 
The selection shall be as nearly as possible representa- 
tive of the whole field of literature, and maximum prices 
for purchase shall be indicated. 

Sec. 5. That the local board of trustees of the dis- 
trict in which the school is located, and to which a li- 
brary is granted, shall constitute a library board charg- 
ed with the administration of the library as other school 
property, and they are hereby charged with the same 
care and attention in connection therewith as of the 
school grounds, the school building or buildings, and the 
school equipment. They shall select the librarian or 
custodian, who shall be the teacher, if he or she will con- 
sent to act, and they shall see that the rules prescribed 
herein are carried out, but if the librarian is other than 
the teacher, such person shall be under the direction of 
the teacher as the representative of the district board 
of trustees. They shall provide a suitable book-case, or 
book-cases, with lock and key, for the preservation of 
the library. 

Sec. C). That the selection and purchase of the books 
from the authorized list shall be made bv the district 



144 PUBLIC SCHOOL LAWS OF ALABAMA. 

board of trustees, upon the recommendation of the 
teacher or of any patron or friend of the school. After 
the order therefor shall be placed, on receipt of notice 
of the delivery of the books, the county treasurer of 
school funds shall draw a warrant or check to cover the 
charges, including the freight. Vouchers or bills in 
duplicate shall be made out, one copy for the county 
treasurer of school funds, and one copy to be sent by 
the bookseller or dealer to the State superintendent of 
education. 

Sec. 7. That all unexpended balances on the first 
day of October each year shall be reapportioned equally 
among all the counties of the State. 

Sec. 8. That no person charged with any duties here- 
under shall receive any compensation or commission for 
his or her services. 

Sec. 9. That all laws and parts of laws in conflict 
with the provisions of this act be and the same are here- 
by repealed. Provided this act shall take effect when 
in the opinion of the governor the condition of the State 
treasury will justify the appropriation herein provided 
for. 

Approved April 13th, 1911. 



No. 498.) AN ACT (H. 211. 

To provide for the holding of teachers' institutes for 
teachers in this State and to make necessary appropria- 
tions for the same. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That the sum of five thousand dollars (|5,,000.00) 
be appropriated annually out of the general school fund, 



PUBLIC SCHOOL LAWS OF ALABAMA. I45 

for the purpose of defraying the expenses of holding 
and conducting institutes for the white teachers of this 
State, and the further sum of fifteen hundred dollars 
(|l,500.00j be and the same is hereby appropriated out 
of the educational fund for defraying the expenses of 
holding institutes for the colored teachers of the State. 

Sec. 2. Institutes for the white teachers shall be held 
for a period of one week in each county of the State, at 
such time as may be determined by the county board of 
education during the months of July, August, Septem- 
ber or October ; provided, that the county boards of edu- 
cation of two or more adjoining counties, may, by agree- 
ment, have conducted a joint institute for the counties 
particijjating in the agreement, at such a point as they 
may determine. 

Sec. 3. There shall be conducted, for the colored 
teachers of the State, teachers institutes at such places 
and times, and under such management and direction 
as may be determined by the State superintendent of 
education, and the money appropriated by this act, for 
the holding of institutes for the colored teachers, shall 
be so divided among the several places at which colored 
institutes are held as may, in the judgment of the super- 
intendent of education, be fair and equitable, and secure 
the greatest good to the greatest number. 

Sec. 4. The money appropriated by this act for the 
holding of institutes for the white teachers of the State, 
shall be apportioned by the superintendent of education 
to the several counties of the State in proportion or ap- 
proximate projjortion to the number of white teachers 
actually employed in the several counties of the State. 

Sec. 5. It is hereby made the duty of tlie teachers to 
attend the institute which may be conducted in their 
own county for the benefit of teachers of the race to 

10 SL 



i46 PUBLIC SCHOOL LAWS OF ALABAMA. 

which they belong, unless such teachers are specifically 
excused from attending by the county superintendent^ 
which excuse must be in writing and approved by the 
chairman of the county board. It is made the duty of 
the State superintendent of education to cancel the cer- 
tificate of any teacher who may fail to attend an insti- 
tute for a period of not less than four days of each year, 
unless such teacher shall secure the written excuse sign- 
ed by the county superintendent and approved by the 
chairman of the county board of education or unless 
such a teacher may convince the State Superintendent 
of education that he has attended for a period of not 
less than three weeks during the current year some edu- 
cational institution during which time he was engaged 
in the work of professional training, either as a student 
or as a teacher, or unless he is the holder of a life grade 
State certificate. 

Sec. 6. It is made the duty of each county superin- 
tendent of education to keep an accurate record of the 
attendance of all teachers during the institute, conduct- 
ed for the teachers of his county, and report the same to 
the State superintendent of education, showing -the 
number of whole days which each teacher actually at- 
tended, provided that such time attended by each teach- 
er shall not be counted as time taught nor shall any 
teacher receive any pay or compensation for attending 
an institute. 

Sec. 7. Each teacher attending an institute shall pay 
to the county superintendent a fee of not less than fifty 
cents (50c) and not more than one dollar (|1.00) 
wliich shall be used in that particular county to sup- 
plement the State fund appropriated by this act for the 
maintenance of teachers' institutes. 

Sec. 8. It is the duty of the State superintendent of 
education to submit annually, in the months of June or 



PUBLIC SCHOOL LAWS OF ALABAMA. 147 

July, through the county superintendents, to the several 
county boards a list of expert conductors of institutes 
whose services may be available and from this list each 
county board may select such conductor or conductors 
as they may desire, notifying the State superintendent 
of their choice; and if because of conflicting dates or 
other unavoidable conditions, neither the first nor sec- 
ond choices are able to be had, then it is made the duty 
of the State superintendent, through further agreement 
between him and the local county authorities to secure 
the best possible talent for conducting the institute. 
It is made the duty of the State superintendent of edu- 
cation to employ, with the fund appropriated by this act 
for that purpose, such conductors and teachers in the 
institutes held for the benefit of colored teachers, as 
will secure more benefit to the colored race by present- 
ing to them ideals more practical, methods more useful, 
results more desirable, benefits more wholesome. 

Sec. 9. The conductors and teachers employed in 
county institutes shall impart such instruction to the 
teachers attending the institute, in the theory and in 
the art of teaching and kindred subjects, as will render 
them more efiicient, more capable, more enthusiastic, 
more successful teachers. 

Sec. 10. All laAvs and parts of laws, either general 
or special, otherAvise providing for, or referring to 
teachers' institutes in this State be and the same are 
hereby repealed. 

Approved April 18th, 1911. 



No. 5171/2) AN ACT (H. 134. 

To make appropriation for the support and main- 
tenance of the Southern Industrial Institute for white 
boys and girls at Camp Hill, Ala., for the years 1911, 
1912, 1913, 1914. 



148 PUBLIC SCHOOL LAWS OF ALABAMA. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That the sum of three thousand (|3,000.00) dol- 
lars per year, is hereby appropriated, out of any money 
in the State treasury, for the support and maintenance 
of the Southern Industrial Institute for white boys and 
girls for each of the years of 1911, 1912, 1913, and 
1914. 

Sec. 2. That the State auditor be, and he is hereby 
authorized and directed to draw warrants on the State 
treasurer in favor of the Southern Industrial Institute 
for the sum hereby appropriated to the support and 
maintenance of said school, for each of the said years 
mentioned above. Provided, that this appropriation 
shall not be available until the governor has been made 
ex-officio a member of the board of trustees of said in- 
stitution and in the opinion of the governor the condi- 
tion of the treasury will permit of the expenditure. 

Sec. 3. That all laws and parts of laws in conflict 
with the provisions of this act be, and the same are here- 
by repealed. 

Approved April 21, 1911. 



:No. 442.) AN ACT (H. 413 

To appropriate the sum of seven thousand five hun- 
dred dollars (|7,500.00) for the completion of the 
school building of the Randolph County High School 
located at Wedowee, the main school building being de- 
stroyed by fire November 30th, 1910. 

Section 1. Be it enacted by the Legislature of Ala- 
ba)na. That the sum of seven thousand five hundred dol- 
lars ( 17,500.00) is hereby appropriated for the comple- 
tion of the Randolph County High School located at We- 



PUBLIC SCHOOL LAWS OF ALABAMA. I49 

dowee, the main school building being destroyed by fire 
on November 30th/ 1910. Provided, that said sum here- 
by appropriated shall be payable on the approval of the 
governor, in whole or in part from time to time, as, in 
h].< opinion, the condition of the treasury may war- 
rant. 

Sec. 2. The State auditor is hereby authorized and 
directed to draw his warrant on the State treasurer in 
favor of the treasurer of the Randolph County High 
School for the sum of seven thousand five hundred dol- 
lars (17,500.00) and the State treasurer is hereby au- 
thorized and directed to pay the amount of said war- 
rant out of the funds in the State treasury not other- 
wi9!e appropriated. 

Sec. 3. That the said amount of seven thousand five 
hundred dollars ($7,500.00) shall be expended by the 
board of education of Randolph county in the comple- 
tion of the school building of the said Randolph County 
High School at Wedowee. 

Approved April 20th, 1911. 



No. 370.) AN ACT (S. 206. 

To create and establish the Alabama School of Trades 
& Industry for Boys and Young Men in teacliing and 
training them in useful and industrial pursuits and in 
the arts and sciences; to provide skilled labor in this 
State and to enable the students of such school to ac- 
quire such education and training by means of employ- 
ing a part or portion of their time and labor while in 
school to pay all or part of their board, lodging and 
tuition, and to incorporate such institution under the 
name of the "Alabama School of Trades and Industry," 
with perpetual succession to have a corporate seal, and 



150 PUBLIC SCHOOL LAWS OF ALABAMA. 

to sue and be sued in the courts of this State of compe- 
tent jurisdiction as in the cases of natural persons, to 
create a board of control composed of five persons which 
may be increased by such board to not exceeding nine 
persons, with right to acquire by purchase, devise, be- 
quest, or otherwise any real or personal property, or 
both, for the benefit of such school, and with the author- 
ity to dispose of the same or any part thereof, and to 
authorize an appropriation by the State to aid in the 
erecting of suitable school buildings and equipment, and 
with power to give and grant to students certificates of 
proficiency in their studies and certificates. 

Section 1. Be it enacted hy the Legislature of Ala- 
hamay That there be and is hereby created and establish- 
ed at Raglan d, Ala., The Alabama School of Trades and 
Industry for the education and training of white boys 
and young men in all of the useful and industrial occu- 
pations and in the arts and sciences, and to enable the 
students of such institution to acquire the education 
and training by employing a part or portion of their 
time, if necessary, while in school to pay all or in part 
of their board, lodging and tuition for themselves. 

Sec. 2. That such school be and is hereby incorporat- 
ed by this act under the name of "The Alabama School 
of Trades and Industry," with the right to have and use 
a corporate seal, to sue and be sued in such corporate 
name in any of the courts of this State of competent 
jurisdiction, as in the cases of natural persons. 

Sec. 3. That it shall be the duty of the governor up- 
on the approval of this act, to appoint five trustees, who 
shall constitute a board of control for the said school, 
whose terms of office shall be five years for the first two 
named, six years for the third and fourth members and 
seven years for the fifth. This said board shall have the 
power and authority to increase the membership to not 



PUBLIC SCHOOL LAWS OF ALABAMA. I5I 

exceeding nine members of such trustees. All vacancies 
and term expiration in such first five named shall be 
filled by appointment of the governor. That the afore- 
said trustees named in this act shall meet in the town of 
Kagland at such time as they may appoint, not more 
than ninety days after the approval of this act, and or- 
ganize themselves into a board of control for said school 
by electing one of their members chairman and one sec- 
retary and treasurer, and such other officers as they 
may think necessary, a majority shall constitute a quo- 
rum of such board for the transaction of business. 

Sec. 4. That such board of control is hereby invested 
with full and ample authority to receive and accept for 
the use and benefit of such school all gifts, donations, 
devises and bequests of any and all money and real and 
personal property necessary and useful in carrying into 
•effect the object and purposes of this act, and with the 
authority on the part of such board of control in the 
name of such corporation to sell and dispose of such 
property in w^hich, in the judgment of such board, may 
aid in carrying into effect the objects of this act, and 
the building up and sustaining of such school. 

Sec. 5. That the persons attending such school shall 
be taught and thoroughly trained in any and all useful 
occupations, arts and sciences as the student may se- 
lect, with the concurrence and approval of such board. 

Sec. 6. That the board of control aforesaid be and it 
is hereby invested with full, ample and sufficient power 
and authority to make and adopt all laws, rules and reg- 
ulations not inconsistent with the laws of this State, 
which in their judgment may be necessary for the man- 
agement, control and conduct of such school, and the 
business connected therewith. 

Sec. 7. That said school shall be located at Ragland, 
Ala., on a lot, piece or parcel of land containing in area 



152 PUBLIC SCHOOL LAWS OF ALABAMA. 

not less than one hundred acres to be selected by the 
board of control of such school. That on a good and 
sufficient deed of conveyance being made and executed 
to the corporation hereinbefore named to such lot, piece 
or parcel of land, and satisfactory evidence thereof and 
the payment of the purchase money therefor furnished 
to the governor of the State, he shall order and direct 
the auditor of the State to draw a warrant on the State 
treasurer in and for the sum of fifty thousand dollars, 
payable to such board of control, and said money, when 
received by the board aforesaid, shall be used by the 
board in constructing useful and necessary school build- 
ings and equipments on such lands, provided that the 
amount of |20,000.00 hereby appropriated shall be used 
for the purpose of maintenance of said school at the 
rate of $5,000.00 annually, and that five thousand dol- 
lars thereafter are annually appropriated out of smj 
money in the State treasury for the maintenance of said 
school. 

Sec. 8. That such board of control shall from time to- 
time in connection with such school erect and construct 
all useful plants, shops and other necessary equipment 
useful in furnishing labor and employment to the stu- 
dents in the school, in order to enable them to pay all or 
in part of their board, lodging and tuition, when same 
may be necessary. 

Sec. 9. That when said board of control sliall htwe 
acquired and received the sum of twenty-five thousand 
dollars, in money or property at its cash value from any 
sources for the use and benefit of such institution and 
as contemplated in this act, having such sum subject ta 
the order of such board, and on satisfactory proof there- 
of being made to the governor, he shall direct and re- 
quire the State auditor to draw his warrant on the 
State treasurer in favor of such board of control for 
twelve thousand five hundred dollars, and twelve months 



PUBLIC SCHOOL LAWS OF ALABAMA. 



153 



thereafter a like sum for twelve thousand five hundred 
dollars, which sum of money shall be used by such board 
in constructing and maintaining suitable buildings, 
equipments and edifices for the uses and benefits of such 
institution and in its carrying into effect under this 
act. 

Sec. 10. That said board of control shall be required 
to keep in a well bound book or books a full and com- 
plete record of all of the acts and doings under the pro- 
visions of this act, which record or records shall at all 
times in seasonable hours be open to public inspection 
for any and all persons interested in the same or in the 
school. The governor ma,y at pleasure direct the State 
examiner of public accounts to inspect and report on all 
money expended by such board under this act. Provid- 
ed, that the sum hereby appropriated shall be paid only 
on the approval of the governor, as, in his opinion, the 
state of the treasury may Avarrant. The governor may 
approve the jDayment in whole, or in part from time to 
time. 

Approved April 12th, 1911. 



No. 277.) 



AN ACT 



(S. 400. 



To provide for the disposition of the property of edu- 
cational corporations whose stockholders are unknown 
or where the amount or number of shares are unknown. 
Be it enacted hy the Legislature of Alabama: 

1. That where the charter of any educational corpo- 
ration organized under the laws of this State, general 
or special, provides for the issuance of stock and such 
stockholders are unknown or where the amount or num- 
ber of shares are unknown the property of such corpora- 
tion may be disposed of as follows: 



154 PUBLIC SCHOOL LAWS OF ALABAMA. 

2. The acting trustees or directors having peaceable 
charge of the business and property of said corporation 
whether legally elected or not may contract to sell or 
otherwise dispose of the property of such corporation in 
such manner as they may deem best to carry out the 
purposes of said corporation which action must be con- 
curred in by a majority of such acting trustees or di- 
rectors. 

3. That within thirty days after making such contract 
or agreement such trustees or directors shall cause to 
be filed in the name of such corporation in the chan- 
cery court of the district in which such property or the 
principal part thereof is situated a petition in writing 
verified by affidavit setting forth the purposes of such 
corporation and that the stockholders are unknown or 
that the amount or number of shares are unknown and 
setting out the sale or disposition contemplated and 
that in the judgment of such trustees or a majority of 
them such disposition is best to carry out the purposes 
of such corporation. If any of such stockholders are 
known sueh petition shall also set out their names and 
residence if known. 

4. On the filing of such petition the register shall 
cause publication to be made as to such unknown or 
non-resident stockholders as provided by law for pub- 
lication as to non-residents on the filing of bills in chan- 
cery and he shall issue a summons to all resident stock- 
holders named in the petition which shall be served as 
other summons and the same proceedings had as to all 
the known stockholders named in the petition as provid- 
ed for bills in chancery. 

5. Within the time allowed for pleading to bills in 
chancery any known or unknown stockholder may come 
in and propound his claim and contest such disposition 
if he deem proper and such petition shall be heard as 



PUBLIC SCHOOL LAW'^ OF ALABAMA. J 55 

other bills in chancery and such disposition confirmed 
or set aside or such dispositions made of said property 
as the equities of the case may require. 

6. If such petition is not contested within the time 
allowed for pleading to bills in chancery the same may 
be submitted to the chancellor in term time or vacation 
on affidavits and the character of said corporation or a 
certified copy thereof and he may render a decree there- 
on in term time or vacation ratifying such sale or dis- 
position or modifying the same and prescribing such 
terms and restrictions as he may deem best for carrying 
out the purposes of such corporation and authorizing a 
conveyance of such property by such trustees or the 
president and secretary of said board which shall con- 
vey to the grantee all the title of said corporation or of 
any stockholder thereof in said property subject to the 
restrictions contained in such decree or he may refuse 
to ratify such disposition. 

7. If any money is paid under such decree the same 
shall be paid to the register to be distributed under the 
orders of the court to the parties entitled thereto on 
proper proof. 

8. Any party contesting such petition may at any 
time within sixty days after the rendition of such decree 
prosecute an appeal to the supreme court as on final de- 
crees on bills in chancery and such appeal may also be 
taken by such acting trustees or directors in the name 
of such corporation. 

9. That all laws and parts of laws in conflict with 
the provisions of this act be and the same are hereby re- 
pealed. 

Approved April 8, 1911. 



156 PUBLIC SCHOOL LAWS OF ALABAMA. 

No. 199.) AN ACT (H. 674. 

To establish a State school for teaching agriculture 
and domestic economy at Lineville, Alabama, to provide 
for the management and control thereof, and to make 
appropriation to support said school. 

Be it enacted hy the Legislature of Alabama, as fol- 
lows: 

Section 1. That there is hereby established at Line- 
ville, Clay county, Alabam^a, a school for teaching agri- 
culture and domestic economy to be known as the 
^^North East Alabama Agricultural and Industrial In- 
stitute." 

Sec. 2. The said school shall be under the supervis- 
ion and direction of a board of control to be composed of 
the following members : The State superintendent of 
education, the commissioner of agriculture and indus- 
tries, the governor and two men who shall be residents 
of the congressional district wherein said school is lo- 
cated. Said two members shall be appointed by the gov- 
ernor, and shall hold office for four years and until 
their successors are appointed and qualified. The mem- 
bers of said board of control shall not receive any com- 
pensation other than traveling expenses actually incurr- 
ed in attending meetings of said board. Said board 
shall elect a treasurer for such school, prescribe his 
compensation, fix his bond, and provide for the approv- 
al thereof. 

Sec. 3. The said board of control shall elect all nec- 
essary ofiicers, teachers and other employees, fix their 
compensation, time of office and prescribe their duties; 
they shall make all necessary rules and regulations for 
the government and control of said school. The said 
board of control shall prescribe the course of study for 
said school but instruction shall be given in the ele- 



PUBLIC SCHOOL LAWS OF ALABAMA. 157 

inent8 of agi'iculture, including instruction concerning 
the soil, plant life and animal life of the farm. The 
course of study shall also include the teaching of 
manual training, domestic economy and a system of 
keeping farm accounts and such other kindred subjects 
as may be prescribed. 

Sec. 4. The said board of control may provide for the 
collection of a matriculation fee from each pupil en- 
tering said school, which shall not exceed the amount 
fixed as a matricuhition fee for county high schools. 
Said board shall make all necessary provisions for 
drawing the funds appropriated for the support of said 
school and for disbursing the same. 

Sec. 5. For the support of said school there is here- 
by made an annual and continuing appropriation of 
three thousand dollars, out of any money in the treas- 
ury not otherwise appropriated and shall be payable 
quarterly beginning on the first day of October, 1911, 
and shall be used for no other purpose except the pay- 
ment of the salaries of teachei's in said school. Said 
appropriation shall be drawn on the certificate of the 
^superintendent of education to the State auditor to 
draw his warrant in favor of the treasurer of said 
school, approved by the governor. 

Sec. (). The said school shall be open to students of 
the white race, over the age of seven years residing in 
Alabama, provided that when students of advanced age 
attend such school in sufficient number special classes 
shall be organized for them, and continued for such 
time as ma^ be necessary. 

Sec. 7. Tliis act shall i)ot go into effect until a suit- 
able brick building situated on a tract of land of not 
less than ten acres in area has been provided for said 
:school and the same has been conveyed by deed without 



158 PUBLIC SCHOOL LAWS OF ALABAMA. 

cost or expense to the State of Alabama. Said build- 
ing and land shall be of not less than twenty thousand 
dollars in value, which valuation shall be determined by 
the superintendent of education and his certificate as 
to such valuation shall accompany the deed to the 
State. 

Approved March 31, 1911. 



No. 336.) AN ACT (H. 238. 

To create and establish a reform school for the train- 
ing of juvenile negro law-breakers at Mount Meigs, 
Alabama; to make appropriations for the purpose and 
accept by donation all such lands and buildings as are 
needful therefor; to create a board of trustees and to 
provide for the suitable management of said institu- 
tion. 

Be it enacted hy the Legislature of Alabama: 

1. That there is hereby created and established at 
Mount Meigs, Montgomery county, Alabama, a reform 
school for educating and training juvenile negro law- 
breakers, to be governed and controlled by a board of 
trustees, composed of the governor, the superintendent 
of education, a*Qd seven other trustees, five of whom 
may be negro women who are interested in the proper 
education and training of juvenile negro law-breakers, 
to be appointed by the governor by and Avith the ad- 
vice and consent of the senate. 

2. The school shall be a corporation named and call- 
ed "The Alabama Eeform School for Juvenile Negro 
Law-Breakers" and by that name may acquire and hold 
real and personal property, contract and sue, and have 
all other powers necessary for conducting such an edu- 
cational institution. 



PUBLIC SCHOOL LAWS OF ALABAMA. I59 

3. The school is established for the proper education 
and training of juvenile negro law-breakers, as may be 
lawfully committed to it. The course of instruction in 
the school shall include a common school education, 
with a thorough training in agriculture and industries,, 
and giving special attention to moral training so as to 
make him a self respecting, industrious, good citizen. 
Provided, that no criminal over the age of 15 years shall 
be admitted to said institution. . 

4. The board of trustees accept land and building at 
Mount Meigs where the reformatory is now located, and 
known as the "reformatory for negro boys," under the 
management of the State federation of colored women's 
clubs, incorporated under the laws of Alabama. The 
board of trustees shall take charge of the property and 
school and manage and control it under this act. The 
term of office of two of the men and two of the women 
first appointed under this act, shall expire on Monday 
after the second Tuesday in January, 1913, and their 
successors shall hold the full term of eight years. The 
other trustees appointed under this act shall hold of- 
fice of trustee until Monday after the second Tuesday 
in January, 1915, and their successors shall hold office 
for a term of eight years. If any trustee should die, or 
resign the governor shall appoint a successor to hold 
for the unexpired term. All trustees for the school shall 
be appointed by the governor by and with the consent 
and advice of the senate. 

5. The trustees shall have the power to govern and 
control the school in all things, to prescribe the quali- 
fications of the officers and teachers, fix their term of 
office, and elect them to and remove them from office 
whenever the good of the school requires it. They shall 
have the power to require of any officer or agent of the 
school a bond and the power to fix the penalty and pre- 
scribe the conditions thereof. 



I(i0 PUBLIC SCHOOL LAWS OF ALABAMA. 

6. The authorities of the school shall receive every 
negro boy who may be committed to it by an order or 
judgment of any court of record to the State of Ala- 
bama, and support, govern and teach the boy until he 
shall be of the age of eighteen years or legally discharg- 
ed from the school. 

7. The trustees are hereby authorized and empower- 
ed to accept a proper deed from the "State Federation 
of Colored Women's Clubs" a corporation, to the twenty 
(20) acres of land and all improvements situated there- 
on and may buy such other lands and buildings in con- 
nection with said institution as they may deem proper, 
having regard to the healthfulness of the location, its 
surroundings, and accessibility to the railroad; and 
shall have authority to erect thereupon, any and all 
buildings, structures or machinery of every kind, suita- 
ble and necessary for the use and maintenance of the 
school. Provided, however, that before any appropria- 
tion hereinafter made, shall be used or available until 
the execution of a deed in fee simple to the State of 
Alabama, of the lands and buildings thereon herein- 
above defined ; which deed shall be to the State of Ala- 
bama for the specific purposes named in this act; and 
unless such property so deeded is accepted and used by 
the State of Alabama for such purposes, then the same 
shall revert to the said "State Federation of Colored Wo- 
men's Clubs" a corporation. 

8. For the support and maintenance of the school 
there is hereby appropriated the sum of one dollar and 
seventy-five cents per week for every boy lawfully at- 
tending and being instructed in the school, which shall 
be paid monthly upon the sworn statement of the presi- 
dent of the school and approved by the governor, out 
of the State treasury. The expense for transporting 
such boy, including the expenses of one guard, shall be 
paid out of the State treasury^ upon the sworn state- 



I 



I 



PUBLIC SCHOOL LAWS OP ALABAMA. Igl 

ment of the president of the school and approved by the 



9. The board of trustees in charge of said school, are 
hereby given power and authority to make all such 
rules and regulations as may be needful to the success- 
ful operation of said school and for the employment of 
all such guards as may be necessary in the successful 
management and control of said school, and to fix the 
salaries to be paid such guards and to limit the number 
thereof, which salaries shall be paid monthly upon the 
sworn statement of the president of the school and ap- 
proved by the governor, out of the State treasury. 

10. The earnings and all other revenue derived from 
whatever source, shall be delivered to the board of trus- 
tees and used by such board for such purposes as such 
board of trustees may deem proper. Or such earnings 
msij at the discretion of the said board of trustees, be 
paid in whole or in part, into the State treasury. 

11. For the purpose of all land needful and the erec- 
tion of buildings on any of the land acquired under the 
provisions of this act, there is hereby appropriated out 
of the State treasury, the sum of |8,000.00 to be paid 
in quarterly annual installments, upon the certificate 
of the trustees with the approval of the governor, in 
providing the necessary buildings, lands, and equip- 
ments for the school. 

Approved April 24, 1911. 



No. 208.) AN ACT (S. 53. 

To change and regulate the appointment of the board 
of control of the Canebrake Agricultural Experiment 
Station, to prescribe the authority and duties of the 

11 SL 



162 PUBLIC SCHOOL LAWS OF ALABAMA. 

said board and to provide for the expenses of the said 
station. 

Be it enacted hy the Legislature of the State of Ala- 
hama, to-wit: 

Section 1. The said Canebrake Experiment Station 
shall be under the general supervision and control of a 
board of control composed of five progressive citizens 
to be appointed by the governor who are actually in- 
terested in the ownership of Canebrake lands and who 
shall receive no compensation for their services in the 
matter. On the first day of September, 1911, the gov- 
ernor shall appoint the five members of the board. In 
the commission of appointment the governor shall ap- 
point one member for one year, one for two years, one 
for three years, one for four years, and one for five years 
but not more than two members of said board shall be 
selected from one county. Each year thereafter he 
shall appoint one member in the place of the one whose 
term shall expire in that year and the member so ap- 
pointed shall hold office for the term of five years. No 
member of the said board shall be eligible for appoint- 
ment as his own successor. All vacancies due to death, 
resignation or other cause shall be filled by the gov- 
ernor and the appointed shall hold office for the unex- 
pired term of the member whose place he is appointed 
to fill and shall be subject to the same disabilities as 
such member. The present members of the board of con- 
trol shall hold office and exercise the powers herein 
granted until their successors are appointed and have 
qualified. Each member hereafter appointed under the 
provisions of this act shall hold office for the term speci- 
fied in his commission and until his successor is ap- 
pointed and qualified. 

Sec. 2. The board is given authority to appoint and 
to discharge at pleasure such officers, agents, and serv- 
ants as are deemed necessary to the operation of such 



PUBLIC SCHOOL LAWS OP ALABAMA. 163 

station and to fix their compensation. The board is also 
given authority to hold institutes for the benefit of the 
farms in the county that surrounds it; to select and 
compensate such lecturers as it may choose for such in- 
stitutes and to provide for the entertainment of the per- 
sons who attend such institutes. The board shall have 
authority to lease or purchase such additional land as 
it may deem necessary and proper for the purpose of 
conducting the station to the greatest possible advant- 
age. It shall also have authority to plant any crops it 
may see fit, including vegetables and fruits. It shall 
also have authority to experiment as it may see fit with 
all kind of live stock, including poultry. It shall also 
have authority to sell and dispose of all surplus product 
that it may at any time have on hand ; it shall also have 
authority to give away any such product as it may see 
fit to promote the interests of agriculture in the coun- 
try that surrounds it, to exchange the same with other 
parties or stations. 

Sec. 3. The board must cause such experiments to 
be made at the station as will advance the interests of 
scientific agriculture particularly on canebrake lands 
and to cause such chemical analyses to be made as are 
deemed necessary; all such analyses if requested to b^ 
made under the supervision of the commissioner of agri- 
culture and industries by the chemist of the agricul- 
tural department without charge. 

Sec. 4. The expenses of the station not exceeding 
four thousand dollars per annum must be paid out of 
the funds of the agricultural department to the treas- 
urer of the board of control in equal quarterly install- 
ments on the first days of January, April, July and 
October. 

Approved April 7, 1911. 



164 



PUBLIC SCHOOL LAWS OF ALABAMA. 



No. 494.) 



AN ACT 



(H. 338. 



To amend sections 60 (408), 61, (407) and 67 (413) 
of the code of Alabama of 1907. Be it enacted hy the 
Legislature of Alahama: 

Section 1. That sections 60 (406) 61 (407) and 67 
(413) of the code of Alabama of 1907 be and the same 
are hereby amended so as to read as follows : 

Sec. 2. Section 60 (40G). Appropriations out of agri- 
cultural fund; when prorated. — For the support of the 
nine branch agricultural school and experiment stations 
located in the first, second, third, fourth, fifth, sixth, 
seventh, eighth, and ninth congressional districts, re- 
spectiA^ely, in the State of Alabama there shall be ap- 
propriated annually the sum of seven thousand five 
hundred dollars to each of said schools, one-fourth of 
such sum to be paid quarterly, towit, January, 1st, April 
1st, July 1st, and October 1st of each year to the treas- 
urer of the board of control of such schools. Provided, 
that three thousand dollars of the sum hereby appro- 
priated shall be payable on the approval of the gov- 
ernor, in whole or in part from time to time, as in his 
opinion, the condition of the treasury may warrant. 
Provided, that the appropriations under this act shall 
become available and operative on the 1st day of July, 
1911. 



Sec. 3. Section 61 (407.) Not less than one thousand 
five hundred dollars to be used in making agricultural 
experiments and operating a department of domestic 
science and farm mechanics. — Not less than one thou- 
sand five hundred dollars of the sum so appropriated to 
each of said schools shall be used in maintaining, cul- 
tivating and improving the farm^ respectively and oper- 
ating and maintaining departments of domestic science 
and farm mechanics and making agricultural experi- 



PUBLIC SCHOOL. LAWS OF ALABAMA. 155 

ments thereon, under and by directions of the board of 
control and the professor of agriculture of the Alabama 
Polytechnic Institute. The courses in scientific agri- 
culture, horticulture, domestic science and farm me- 
chanics, as required in section 67 (413) shall be for- 
mulated for the schools and experiments by the said 
professor of agriculture of the Alabama Polytechnic In- 
stitute. When on official visits, said professor of agri- 
culture shall be paid by the board of control his travel- 
ing expenses thus incurred. 

Sec. 4. Section 67 (413) Scientific agriculture, hor- 
ticulture, domestic science and farm mechanics shall be 
taught at all the agricultural schools. — All male pupils 
who receive free tuition therein shall be required to take 
the course in scientific and practical agriculture, hor- 
ticulture and farm mechanics. All other pupils receiv- 
ing free tuition shall be required to take the course in 
scientific agriculture, horticulture and domestic science. 

Approved April 22, 1911. 



No. 253.) AN ACT (H. 610. 

To amend section eight hundred and ninety-five 
(895) of the Code of Alabama. 

Be it enacted hij the Legislature of Alahama^ That sec- 
tion eight hundred and ninety-five of the code of Ala- 
bama be, and the same is hereby amended so as to read 
as follows : 

895. Power of land agent. — Such land agent may 
call on any official in this State for access to any rec- 
ords bearing on the subject of his investigation; and tax 
assessors shall, when called upon, furnish such agent 
with the name and addresses of persons now in posses- 



IQQ PUBLIC SCHOOL LAWS OF ALABAMA. 

sion of any sixteenth section land, together with the 
present assessed value of such land. That said land 
agent is hereby authorized to investigate school or other 
lands belonging to the State as to easements, rights of 
way, cause ways, bridge ways and abutments in connec- 
tion with his other investigations, and shall be authoriz- 
ed and empowered to grant permits for easements, cause 
ways, or bridge ways over or upon the lands of the 
State upon such terms and conditions as may be ap- 
proved by the governor. 
Approved April 7, 1911. 



EDUCATION ARTICLE OP THE CONSTITUTION. 
ARTICLE XIV. 

EDUCATION. 

256. The legislature shall establish, organize and 
maintain a liberal system of public schools throughout 
the State for the benefit of the children thereof between 
the ages of seven and twenty-one years. The public 
school fund shall be apportioned to the several counties 
in proportion to the number of school children of school 
age therein, and shall be so apportioned to the schools in 
the districts or townships in the county as to provide, as 
nearly as practicable, school terms of equal duration in 
such school districts or townships. Separate schools 
shall be provided for white and colored children, and no 
child of either race shall be permitted to attend a school 
of the other race. 

257. The principal of all funds arising from the sale 
or other disposition of lands or other property, which 
has been or may hereafter be granted or entrusted to 
this State or given by the United States for educational 
purposes shall be preserved inviolate and undiminished 



PUBLIC SCHOOL LAWS OP ALABAMA. ^gj 

and the income arising therefrom shall be faithfully ap- 
plied to the specific object of the original grants or ap- 
propriations. 

258. All lands or other property given by individ- 
uals, or appropriated by the State for educational pur- 
poses, and all estates of deceased persons who die with- 
out leaving a will or heir shall be faithfuly applied to 
the maintenance of the public schools. 

259. All poll taxes collected in this State shall be ap- 
plied to the support of the public schools in the respec- 
tive counties where collected. 

260. The income arising from the sixteenth section 
trust fund, the surplus revenue fund, until it is called 
for by the United States government, and the funds enu- 
merated in sections 257 and 258 of this Constitution, 
together with a special annual tax of thirty cents on 
each one hundred dollars of taxable property in this 
State, which the legislature shall levy, shall be applied 
to the support and maintenance of the public schools, 
and it shall be the duty of the legislature to increase the 
public school fund from time to time, as the necessity 
therefor and the condition of the treasury and the re- 
sources of the State may justify; provided, that nothing 
herein contained shall be so construed as to authorize 
the legislature to levy in any one year a greater rate of 
State taxation for all purposes, including schools, than 
sixty-five cents on each one hundred dollars worth of 
taxable property; and provided further, that nothing 
herein contained shall prevent the legislature from first 
providing for the payment of the bonded indebtedness 
of the State and interest thereon out of all the revenues 
of the State. 

261. Not more than four per cent, of all moneys 
raised, or which may hereafter be appropriated for the 



168 PUBLIC SCHOOL LAWS OF ALABAMA. 

support of public schools, shall be used or expended 
otherwise than for the payment of teachers employed in 
such schools; provided, that the legislature may, by a 
vote of two-thirds of each house, suspend the operation 
of this section. 

262. The supervision of the public schools shall be 
vested in a superintendent of education, whose powers, 
duties and compensation shall be fixed by law. 

263. No money raised for the support of the public 
schools, shall be appropriated to or used for the support 
of any sectarian or denominational school. 

264. The State University shall be under the man- 
agement and control of a board of trustees which shall 
consist of two members from the congTessional district 
in which the University is located, one from each of the 
other congressional districts in the State, the superin- 
tendent of education and the governor who shall be ex- 
officio president of the board. The members of the 
board of trustees as now constituted shall hold office 
until their respective terms expire under existing law, 
and until their successors shall "be elected and confirmed 
as hereinafter required. Successors to these trustees 
whose terms expire in nineteen hundred and two shall 
hold office until nineteen hundred and seven ; successors 
to those trustees whose terms expire in nineteen hun- 
dred and four shall hold office until nineteen hundred 
and eleven ; successors to those trustees whose terms ex- 
pire in nineteen hundred and six shall hold office until 
nineteen hundred and fifteen; and thereafter their suc- 
cessors shall hold office for a term of twelve years. 
When the term of any member of such board shall ex- 
pire, the remaining members of the board shall by secret 
ballot elect his successor ; provided, that any trustee so 
elected shall hold office from the date of his election un- 
til his confirmation or rejection by the senate, and, if 



PUBLIC SCHOOL LAWS OP ALABAMA. IQ^ 

confirmed, until the expiration of the term for which he 
was elected, and until his" successor is elected. At every 
meeting of the legislature the superintendent of educa- 
tion shall certify to the senate the names of all who 
have been so elected since the last session of the legis- 
lature, and the senate shall confirm or reject them, as 
it shall determine is for the best interest of the Univer- 
sity. If it reject the names of any members, it shall 
thereupon elect trustees in the stead of those rejected. 
In case of a vacancy on said board by death or resigna- 
tion of a member, or from any cause other than the 
expiration of his term of office, the board shall elect his 
successor who shall hold office until the next session of 
the legislature. No trustee shall receive any pay or 
emolument other than his actual expenses incurred in 
the discharge of his duties as such. 

265. After the ratification of this Constitution there 
shall be paid out of the treasury of this State, at the 
time and in the manner provided by law, the sum of not 
less than thirty-six thousand dollars per annum as in- 
terest on the funds of the University of Alabama, here- 
tofore covered into the treasury, for the maintenance 
and support of said institution; provided, that the leg- 
islature shall have the power at any time they deem 
proper for the best interest of said University to abolish 
the military system at said institution, or reduce the 
said system to a department of instruction, and that 
{►•uch action on the part of the legislature shall not 
cause any diminution of the amount of the annual in- 
terest payable out of the treasury for the support and 
maintenance of said University. 

2()6. The Alabama Polytechnic Institute, formerly 
called the Agricultural and Mechanical College, shall be 
under the management and control of a board of trus- 
tees which shall consist of two members from the con- 
gressional district in which the institute is; hicnted, and 
one from each of the other congressional districts in the 
State, the State superintendent of education, and the 



170 PUBLIC SCHOOL LAWS OF ALABAMA. 

governor, who shall be ex-officio president of the board. 
The trustees shall be appointed by the governor, by and 
with the advice and consent of the senate, and shall hold 
office for a term of tAvelve years, and until their suc- 
cessors shall be appointed and qualified. The board 
shall be divided into three classes, a.s nearly equal as 
may be, so that one-third may be chosen quadrennially. 
Vacancies occurring in the office of trustees from death 
or resignation, and the vacancies regularly occurring in 
the year nineteen hundred and five, shall be filled by the 
governor, and such appointee shall hold office until the 
next meeting of the legislature. Successors to those 
trustees whose terms expire in nineteen hundred and 
three shall hold office until nineteen hundred and 
eleven ; successors to those whose terms of office expire 
in nineteen hundred and five shall hold office until nine- 
teen hundred and fifteen; and successors to those whose 
terms of office expire in nineteen hundred and seven 
shall hold office until nineteen hundred and nineteen. 
No trustee shall receive any pay or emolument other 
than his actual expenses incurred in the discharge of 
his duties as such. 

267. The legislature shall not have power to change 
the location of the State University, or the Alabama 
Polytechnic Institute, or the Alabama school for the 
Deaf and Blind, or the Al-abama Girls' Industrial 
school, as now established by law, except upon a vote of 
two- thirds of tlie legislature taken by yeas and nays 
and entered upon the Journals. 

268. The legislature shall provide for taking a school 
census by townships and districts throughout the State 
not oftener than once in two years, and shall provide 
for the punishment of all persons or officers making 
false or fraudulent enumerations and returns; provid- 
ed, the State superintendent of education may order 
and supervise the taking of a new census in any town- 
ship, district or county, whenever he may have reason- 
able cause to believe that false or fraudulent returns 
have been made. 



PUBLIC SCHOOL LAWS OF ALABAMA. 



171 



269. The several counties in this State shall have 
power to levy and collect a special tax not exceeding ten 
cents on each one hundred dollars of taxable property 
in such counties, for the support of public schools ; pro- 
vided, that the rate of such tax, the time it is to con- 
tinue, and the purpose thereof, shall have been first sub- 
mitted to a vote of the qualified electors of the county, 
and voted for by three-fifths of those voting at such 
election; but the rate of such special tax shall not in- 
crease the rate of taxation. State and county combined, 
in any one year, to more than one dollar and twenty- 
five cents on each one hundred dollars of taxable prop- 
erty ; excluding however, all special county taxes for 
public buildings, roads, bridges and the payment of 
debts existing at the ratification of the constitution of 
eighteen hundred and seventy-five. The funds arising 
from such special school tax shall be so apportioned and 
paid through the proper school officials to the several 
schools in the townships and districts in the county that 
the school terms of the respective schools shall be ex- 
tended by such supplement as nearly the same length of 
time as practicable; provided, that this section shall 
not apply to the cities of Decatur, New Decatur and 
Cullman. 



270. The provisions of this article and of any act of 
the legislature passed in pursuance thereof to establish, 
organize and maintain a system of public schools 
throughout the State, shall apply to Mobile county only 
so far as to authorize and require the authorities desig- 
nated by law to draw the portions of the funds to which 
said county shall be entitled for school purposes and to 
make reports to the superintendent of education as 
may be prescribed by law; and all special incomes and 
powers of taxation as now authorized by law for the 
benefit of public schools in said county shall remain un- 
disturbed until otherwise provided by the legislature; 
provided, that separate schools for each race shall al- 
wavs be maintained bv said school authorities. 



IMPOETANT OPINIONS OF ATTORNEY 
GENERAL. 



Sept. 7th, 1904. 

A COPY BOOK IS A TEXT BOOK, AND THAT 
ADOPTED MUST BE USED IN THE PUB- 
LIC SCHOOLS WHEN WKITING 
IS TAUGHT. 

Hon. Isaac W. Hill, 

Superintendent of Education. 
Dear Sir: 

Your request for an opinion as to the proper construc- 
tion, in the particular hereinafter indicated, of the re- 
cent act of the legislature, providing for the creation of 
a text book commission, and to procure for the use in 
the public free schools in this State, a uniform series of 
text books, has been received. 

The facts upon which information is desired are as 
follows : 

Under this act the text book commission selected 
and adopted for use in the public schools, a copy book 
published by Eaton & Company, and the contract was 
awarded to that firm to furnish these copy books for use 
in the public schools of this State, for a period of five 
years. 

The text book commission, in construing this act has 
held that it was permissible to teach writing in the pub- 
lic schools of Alabama, without copy books, and in 
some of the public schools, writing has been taught and 
is being taught without using the copy books, selected 
and adopted by the text book commission. The ques- 
tion for consideration is, can it be left to the discretion 
of school boards, or teachers, to decline to use any text 
book selected and adopted by the text book commis- 



PUBLIC SCHOOL LAWS OF ALABAMA. 173 

si on, and teach such branch of study by some other 
method, and without the use of such text books so se- 
lected and adopted. 

It is declared in sections 1, 16 and 17 of the act : ^'that 
the gOYernor, State superintendent of education, and 
three eminent teachers of the State * * * shall be 
and are hereby constituted the school book commission 
of the State of Alabama, whose duty it is to select and 
adopt a uniform series or system of text books for use 
in the public schools of this State. Said commission is 
hereby authorized, empowered and directed to select 
and adopt a uniform system or .series of text books for 
use in the public schools in this State, as above indi- 
cated, and when so selected and adopted, the said text 
books shall be used for a period of five years in all the 
public schools of this State, and it shall not be lawful 
for any officer, director or teacher, to use any other 
books upon the same branches other than those adopted 
by said State text book commission. Said uniform 
series shall include the following branches of study, to- 
wit : 

"Orthography, reading, icriting, arithmetic, geogTa- 
phy," etc. "That any person or teacher violating the 
provisions of this act, shall become guilty of a misde- 
meanor, and upon conviction, be punished by a fine of 
not less than ten dollars nor more than fifty dollars." 

"That any teacher who shall use or permit to be used 
in his or her school, any text book upon the branches 
embraced in this act, where the commission has adopted 
a book on that branch other than the one .so adopted, 
shall be guilty of a misdemeanor, and upon conviction, 
punished as provided for in Section 10 of this act." 

It will be observed that Section 1 of the act specifi- 
cally provides — 

First — For the appointment of a text book commis- 
sion. 

Second — It is made the duty of said text book com- 
mission to "select and adopt a unifom series or system 



174 PUBLIC SCHOOL LAWS OF ALABAMA. 

of text books for use in the public schools of Alabama." 

Third — The State commission is authorized, empow- 
ered and directed to select and adopt a uniform system 
or series of text books for use in the public schools of 
this State. 

Fourth — When said text books are so selected and 
adopted they ^'shall he used for a period of five years in 
all of the public schools of this State." 

Fifth — It is further provided that it shall not be law- 
ful for any school officer, director or teacher to use any 
other books upon the same branches other than those 
adopted by the State text book commission. 

Sixth — Said uniform series shall include the follow- 
ing branches of study to-wit: "Orthography, reading, 
writing, arithmetic, geography," etc. 

It is clearly the legislative intent that the system of 
teaching these several branches shall be uniform in all 
the public schools in this State, and to that end, it is 
made mandatory that the text books selected and 
adopted by the text book commission, shall be used 
for a period of five years, in the public schools, to the 
exclusion of all other books upon the same branches. 

It is also clearly the legislative intent that the books 
adopted should be used in said public schools in order 
to secure said text books at a cheaper price than here- 
tofore prevailed, and the mandatory requirement that 
these books, when selected and adopted, shall be used 
for a period of five years, was supposed to be an induce- 
ment to the various publishers to bid for the books at 
a lower cost than they could be bought at retail. If it 
were held that a teacher could refuse to teach arithme- 
tic, or for that matter, any other text book selected and 
adopted, and teach that particular branch of study by 
a process of his own, independent of any books, this 
construction would emasculate the law, and leave it to 
the discretion of each school board, or teacher, to deter- 
mine whether or not he could teach arithmetic "out of 
his head," by a higher or better process than by the 



PUBLIC SCHOOL LAWS OF ALABAMA. I75 

books selected and adopted by the text book commis- 
sion, and thereby destroy the uniformity in teaching 
this branch. This intent is made still more specific and 
clear by Section 16 of this act, which provides that any 
person or teacher violating the provisions of this act, 
shall be guilty of a misdemeanor, and as a further guar- 
antee that the text books adopted and selected by the 
commission, shall be used in the public schools of this 
State, Section 17 of this act makes it a misdemeanor for 
any teacher to use or permit to be used in his or her 
school, any text book upon the branches embraced in 
this act, other than those adopted. 

The legislature has unlimited and exclusive power to 
select the text books to be used in the public schools, 
and to compel the use of the books selected. In the ex- 
ercise of this power by the enactment before referred to, 
our court declares, in the case of Dickinson v. Cunning- 
ham : "Two fhings are very clear to our minds ; one, 
that the legislature meant to provide an exclusive privi- 
lege in order to secure books at the best price ; the other, 
the legislature meant to prevent the possibility of any 
break in the uniformity of the system framed by the 
statute.'' 

The question arises, therefore, as to whether or not 
the copy book, selected and adopted by the text book 
commission for the uniform system or series of Avriting 
to be taught in the public schools of this State, is a text 
book. Of this there is no doubt. Webster defines a text 
book to be any manual of instruction ; an educational 
treatise; a school book. The Century Dictionary defines 
it to be a book used by students, as a standard work for 
a particular branch of study; a manual of instruction. 
It is also there defined to be a book containing a ''Text 
or Texts," and one of the definitions there given of the 
text, is "formal handwriting." The legal definition of 
a book is much more comprehensive, and greater than 
the popular idea of a book. A single sheet of music has 
been held to be a book within the purview of the law. — 
(A. & E. Enc. of Law, 2d. ed., Vol. 4, pp. 703-704.) 



176 PUBLIC SCHOOL LAWS OP ALABAMA. 

The Supreme Court of Illinois in an able opinion 
(The People ex rel. v. Board of Education, 175 111. 9), 
held that a copy book was a text book within the mean- 
ing of the law of that State, which is very similar to the 
law of Alabama upon this subject. It is my opinion, 
therefore, that the copy book of Eaton & Co., selected 
and adopted by the text book commission, must be used 
rjnd taught, in all the public schools of this State, where- 
ever writing is taught, and that it does not lie in the 
discretion of any school board or teacher to provide for 
a different method of teaching writing, or to decline the 
use of these copy books in teaching that branch. The 
contrary view would make possible a ''break in the uni- 
formity of the system," which our Supreme Court says 
the legislature meant to prevent. 

Respectfully yours, 

Massey Wilson^ 
Attorney General. 



Hon. Isaac W. Hill^ 

Superintendent of Education. 
Dear Sir: 

I have your favor of the 22d inst., requesting my opin- 
ion on the questions below quoted : 

''First — Can any of the books that have been adopted 
by the State text book commission for the use of the 
public schools of the State, be purchased from any per- 
son or dealer other than the publisher having the con- 
tract with the State to furnish such books, or his duly 
constituted and appointed depositories, or regularly and 
duly constituted agents throughout the counties of Ala- 
bama, and be used by a pupil or teacher in the public 
schools of Alabama? 

"Second — If any of the books that have been adopted 
by the State text book commission for use in the pub- 



I 



PUBLIC SCHOOL LAWS OF ALABAMA. I77 

lie schools of the State, having printed or stamped upon 
them the statements of the price and that they are sup- 
plied under the contract with the State, are sold by a 
dealer other than a duly appointed agent, or through 
channels other than those provided by law and under 
contract, and as a matter of fact they are not furnished 
by the publisher or supplied to said dealer or person 
offering them for sale through the agencies adopted, is 
the dealer or said person so selling such book, guilty of 
a violation of the statute, in such sort as to make him 
subject to conviction for a misdemeanor under said 
statute?" 

(1) The Supreme Court of Alabama has answered 
the first question in the negative. It is decided in the 
case of Dickinson v. Cunningham that if a book adopt- 
ed by the State text book commission was purchased 
from a person or dealer other than the contractor and 
was not supplied through a depository or agency, such 
book could not be taught in the public schools. It fol- 
lows that it would be a misdemeanor to use a book so ob- 
tained in the public schools of this State. 

(2) Under the text book statute, and the contracts 
made with the publishers pursuant to it, the successful 
bidders for the privilege of supplying books for the pub- 
lic schools have the exclusive right to supply such books 
for that purpose. — (Dickinson v. Cunningham, supra.; 
Clark V. Ha worth, 7 L. R. A., 240). While this exclu- 
sive privilege may result in benefit to the contractor, it 
is supposed to be of corresponding benefit to the public 
by enabling the patrons of the public schools to get bet- 
ter and cheaper books. The contractors are under bond 
in a large penalty to execute the contracts on their part. 
Books furnished under these contracts are required to 
come up to the standard of quality and excellence of the 
samples furnished with the bids and preserved by the 
secretary of State. To make it easier to fix liability on 
the contractors for a violation of the statute, or of 
their contracts, and a safe-guard against the introduc- 

12 SL 



178 PUBLIC SCHOOL LAWS OF ALABAMA. 

lion into the schools of books other than those adopted^ 
it is required that such contractors shall cause to be 
printed upon every book furnished under their contracts 
the contract price, the exchange price, and the fact that 
the price is fixed by State contract, and a request that 
deviations therefrom shall be reported to the school 
authorities. If a dealer who is not a contractor, or a 
designated depository, or a duly constituted agency, as 
provided for in the statute, should procure books from 
some source other than the regular channels provided in 
the law, and himself cause to be printed upon such 
books the matter required to be printed upon such books 
sold under contract, and sell such books as if the same 
were sold pursuant to the text book law, I think such 
conduct would be a violation of the provisions of this 
act. Section 16 of the act declares that any person vio- 
lating its provisions shall be guilty of a misdemeanor. 
I think, however, that books which have been sold or 
supplied by a contractor with the State, or through his 
depository or agency, which come up to the tests of 
the text book law, may be sold within the State by any 
person or dealer who may have become the owner of 
such books, without being subject to criminal liability. 
Neither do I mean to say that the mere sale of the 
adopted books by any dealer would be a violation of the 
law, although such books, unless supplied under the 
contracts with the State, could not be used in the public 
schools. It is the printing upon adopted books by per- 
sons who are not contractors, the matter required to be 
printed upon them by the contractors, and the selling 
of such books under and in compliance with the stat- 
ute by persons who are not contractors (privileges giv- 
en exclusively to the contractors) which I think a viola- 
tion of the law. 

Very respectfully, 

Massey Wilson^ 
Attorney General. 



PUBLIC SCHOOL LAWS OF ALABAMA. 17^ 

February Tth, 1907. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 

Capitol. 
Dear Sir: 

In reply to your favor of the Tth inst, I have to say 
that public school money in the hands of a county 
superintendent, for disbursement to teachers, is not sub- 
ject to garnishment at the suit of a creditor of a teacher 
to whom such money is due or to become due. — Pruitt 
V. Armstrong, 56 Ala. 306. 

Kespectfully submitted, 

Alex. M. Garber^ 
Attorney General. 



April 20th, 1907. 
Hon. Harry C. Gunnels, 

Superintendent of Education. 

Capitol. 
Dear Sir: 

Many pressing matters and an unusual volume of 
work in this office have rendered the delay unavoidable 
in responding to your request, contained in your letter 
of March 26th, to advise you concerning certain provis- 
ions of the ^'Rural School House Act," approved March 
2nd, 1907. I proceed herewith to render an opinion 
upon each inquiry : 

1st. The title of this act is as follows: "To appro- 
priate annually $67,000.00 or so much thereof, as is nec- 
essary to aid rural school districts in this State to erect 
or to repair public school houses." Its purpose is clear- 
ly expressed in the above title and its character is dis- 
tinctly remedial. There is nothing in the body of the 
act as to when it shall become operative. It cannot be 
contended that in the absence of a specific direction on 
this point there existed any legislative intent to post- 



IHO PUBLIC SCHOOL LAWS OF ALABAMA. 

pone th(; ()])('ral,i()n of this acl lo a, fiilure (lat(^ II is 
well scuttled that unless a dilTerent time is specified, 
statutes take eireet and beeonie operative from the day 
of the a[)pr()val by th(i j^overnor. — IMioenix (Tarpet (Com- 
pany V. State, lis Ala. 143; Taylor v. Hand, 31 Ala. 
383; I^aiik of Mobile v. Murphy, 8 Ala. 111). Therefore, 
it is manifest that this act IxM'anie operative on March 
2nd, 11)07, the date of its ai)pr()val by th(^ <!^overnor, and 
T so advise you. 

12nd. Tt i»s clearly tlu^ purpose of this act to render 
aid only to rural school districts in the erection and 
repairing of public school houses and the provisions of 
Sect ion 2 expressly excludes any school district a part of 
which lies in an incoi^poratc^l city, town or villa<^e. The 
word "incorporated" must be held to qualify and de- 
scribe each of the three word« "city," "town" and "vil- 
lage." 

3rd. Whenever the erection of a rural school build- 
ing has been begun and has not been completcnl before 
the passage of this act, I think such school house should 
leceive the benefits of this act and you would be author- 
ized to so hold, providcMl th(^ county board of educa- 
tion, upon application by the district trustees to the 
county supeM'intendent of education and its submission 
to said board, approves such application for aid, after 
having ascertained that all tlie conditions of Section 2 
of said act have been complicMl with ; and if the plans of 
said building, under course of construction, are endors- 
e<l by you. 

4th. The following provision is found in the last 
lines of Section 3 of this act: "No money shall be ap- 
l)ropriated for tlie erection of a new school building on 
a plat of ground of less dimensions than two acres." 
The meaning of the language employed here is too ob- 
vious to admit of any doubt. The restriction upon the 
erection of a new school building on a plat of lei^s than 
two acres is plain, and it is equally apparent that this 
restriction does not apply to the school houses already 



PUBLIC SCHOOL LAWS OF ALABAMA. Igj 

erected on a plat of less than two acres. Repairs on 
such a school lot, of less than two acres, therefore, may 
receive the aid of the funds appropriated under this 
act. 

5th. Construing this act as a whole, it is my opinion 
that it appropriates 1^67,000.00 annually for the pur- 
poses named in the act. From Section 1 it would ap- 
pear that §^67,000.00 or only so much thereof as is nec- 
essary is appropriated, but when construed in connec- 
tion with the following provision in Section 5 : "Pro- 
vided further that if at the end of any year the lohole 
appropriation for that year has not been exhausted, the 
State auditor and the State treasurer shall carry the 
unexpended balance forward and this balance shall be 
available in addition to the regular appropriation for 
the current year,'' it is clear that it wa*s the manifest 
intention of the Legislature to appropriate and set aside 
167,000.00 each year to aid rural school districts and 
such evident intention of the legislature must control. 
— Brooks V. School Commissioners, 31 Ala. 227; Sale v. 
State, 68 Ala. 530; 26 Am. & Eng. Ency. of Law, (2d 
ed. ) p. 66; Lehman-Durr & Co. v. Robinson, 59 Ala. 
219. 

You will observe that Section 1 provides that not more 
than .?l/)00.00 of the annual appropriation shall be 
used in any one county in a separate fiscal year, but 
this provision cannot be held to apply to the unexpjend- 
ed balance mentioned in Section 5, which is made avail- 
able in addition to the regular appropriation for the 
current year. 

6th. Where this appropriation is used for merely re- 
pairing a rural school house, the act does not require 
the plans of such i^chool house to be endorsed by the 
State superintendent of education. 

7th. The deed provided for in Section 4 of this act 
should be made to "The State of Alabama for the bene- 
fit of district of county," and should 

convey a fee simple title. Therefore, I advise you to 



182 PUBLIC SCHOOL LAWS OF ALABAMA. 

instruct your county superintendents of education to 
accept only deeds which pass an absolute and uncon- 
ditional title to the State of Alabama. I advise also 
that you require these deeds to be sent to your office for 
inspection before requesting the State auditor to draw 
his warrants as provided in the act. They should also 
be filed in your office permanently for safe keeping. 
I remain, Yours very truly, 

Alex. M. Garber, 
Attornev General. 



May 16th, 1907. 
Hon. Harry C. Gunnels, 

Superintertdent of Education. 

Capitol. 
Dear Sir: 

Some time ago you submitted to me by letter a ques- 
tion involving this inquiry: 

"Is a citizen, who is not a qualified elector in Russell 
county. State of Alabama, eligible to hold an elective 
office in said county, to-wit, the office of county super- 
intendent of education?" 

In reply I beg to submit the following: 

Neither the constitution nor the statutes of Alabama 
prescribe the qualifications required of a person to ren- 
der him competent to hold this office. Section 3550 of 
the code of 1896 reads as follows: "Unless by special 
act it is otherwise provided, a county superintendent 
for each county is elected at each general election as 
provided in this code." See also an act "To provide for 
the election of county superintendents of education," 
approved Feb. 13th, 1889, p. 396 of the acts of 1888-89. 

Upon investigation I find that it has been held in sev- 
eral States in cases of this character, that none but 
qualified electors can hold an elective office unless other- 
wise specially provided. The leading Alabama case on 



PUBLIC SCHOOL LAWS OF ALABAMA. 183 

this subject is that of Scott v. Strobach, 49 Ala. p. 477. 
Justice Brickell, speaking for the court in this case, 
asserts the following principle: "It would be at war 
with the spirit and theory of our institutions, to recog- 
nize as eligible to any public office one who is not a qual- 
ified voter. The right of suffrage and the capacity to 
hold office, unless otherwise expressly declared, must 
co-exist." 

In the case of the State of Iowa v. Geo. Van Beek, 19 
L. K. A. 622, the Supreme Court of Iowa on appeal in 
an action brought to determine the right to the office of 
sheriff delivered the following: "Our first inquiry is 
whether an alien can hold the office of sheriff under the 
laws of Iowa. There is no provision in our constitution 
or statutes upon that subject, yet it is certainly a fun- 
damental principle of our government that none but 
qualified electors can hold an elective office unless other- 
wise specially provided ♦ ♦ *. We are of the opinion 
that appellee Van Beek was ineligible to hold the office 
of sheriff prior to his naturalization." 

A like principle is laid down in the case of the State 
V. Smith, 14 Wis. 497. 

In the later case of the State v. Murray, 28 Wis. 96, 
the Supreme Court of that State in referring again to 
this question, through Justice Lyons, who delivers the 
opinion of the court, says : 

"There is no constitutional or statutory provision, 
and but one judicial decision in this State, which affects 
this question. In the State ex rel. Off v. Smith. 14 Wis. 
497, this court decided that a person cannot lawfully 
hold such an office unless he is a qualified elector of the 
State. The grounds of that decision are stated in the 
opinion by Dixon, C. J., to be, that as to all independent 
popular governments "it is an acknowledged principle, 
which lies at the very foundation, and the enforcement 
of which needs neither the aid of statutory or constitu- 
tional enactments or restriction, that the government is 
instituted by the citizens for their liberty and protec- 



184 PUBLIC SCHOOL LAWS OP ALABAMA. 

lion, and that it is to be administered, and its powers 
and functions exercised by them and through their 
agency." In that case the defendant was an alien, and 
had entered upon the discharge of the duties of the of- 
fice of sheriff, to which he has been elected, without hav- 
ing become an elector by declaring his intention to be- 
come a citizen ; indeed he had not done so when the ac- 
tion was commenced. Under this state of facts this 
court held that he could not lawfully hold the office, 
but did not decide, either expressly or by necessary im- 
plication, that he could have held it had the disqualifica- 
tion been removed intermediate the election and the 
commencement of the term. It is true that it is said in 
the opinion that the defendant was ineligible; but it is 
not said that he was ineligible to be elected to such of- 
fice, and the obvious meaning is that he was ineligible to 
hold the office. The term "ineligible" means as well dis- 
qualification to hold an office, as diqualification to be 
elected to an office." 

The same doctrine is reaffirmed and adhered to in a 
still later Wis. Case. Justice Lyons delivering the opin- 
ion of the court in the case of the State v. Trumpf, 50 
Wis. p. 103, holds as follows: 

"Only two cases have been adjudicated by this court 
which have any direct bearing upon the questions to be 
determined on this appeal. These are State ex rel. Off. 
V. Smith, 14 Wis. 497, and State ex rel. Schuet v. Mur- 
ray, 28 Wis. 96. In the first of these cases it was held 
to be fundamental principle of our government that a 
person not an elector of the State is ineligible to hold a 
public office therein, although our constitution and stat- 
utes do not expressly so ordain. In the latter case it 
was held that, in the absence of any constitutional or 
statutory provision on the subject, such ineligibility 
goes only to the holding of the office, and hence that, if 
an alien who is not an elector receives a plurality of 
votes for an office, he may lawfully hold and exercise the 
same, if, by naturalization or declaration, his disability 



PUBLIC SCHOOL LAWS OF ALABAMA. 135 

is removed before the commencement of the term of of- 
fice to which he has been elected." 

In a treatise on the law of Public Officers, Mechem 
lays down the following general rule: 

"Where no limitations are prescribed, however, the 
right to hold a public office under our political system 
is an implied attribute of citizenship, and is presumed 
to be co-extensive with that of voting at an election 
held for the purpose of choosing an incumbent for that 
office; those and those only who are competent to select 
the officer being deemed competent also to hold the of- 
fice." 

Under the influence of the authorities cited above, I 
can reach no other conclusion than that the right to 
hold a public office which is elective, should be limited 
to those citizens who are qualified electors of the State 
or county over which the jurisdiction of such office ex- 
tends. The courts have evidently been governed to some 
extent by considerations of public policy (and I think 
very properly so ) in deciding cases of this character and 
the doctrine that the right of suffrage and the capacity 
to hold office must co-exist, appeals to me as a sound 
and conservative principle of law. Therefore, it is my 
opinion that a citizen who is not a qualified elector of 
Russell county is ineligible to fill an elective office of 
said county. 

I remain. Very respectfully, 

Alex. M. Garber, 
Attorney General. 



Hon. Harry C. Gunnels, 

Superintendent of Education. 

Capitol. 
Dear Sir : 

On the 5th instant, you addressed a communication 
to me with which you enclosed a letter from Mr. Arthur 
F. Harman, superintendent of the New Decatur Public 



186 PUBLIC SCHOOL LAWS OF ALABAMA. 

Schools, Xew Decatur, Alabama, in which Mr. Hannan 
desires to be advised bj jou whether the school funds 
for New Decatur for the year 1907-8 will be paid to him 
by the county superintendent of Morgan county or paid 
over by you direct to Mr. Harman under Section 176 
of the act of August 13th, 1907, known as the Municipal 
Code. 

The title of the act referred to is as follows: 

"An act to provide for the organization, incorpora- 
tion, government and regulation of cities and towns and 
to define the rights, powers, duties, jurisdiction and 
authority of such cities and towns and the officers there- 
of, and to prescribe penalties for violations of the pro- 
visions of this act." 

Section 176 of the act is as follows: 

"Each incorporated city or town, as a special school 
district or embraced therein shall receive its proportion- 
ate share of the "public school revenue to be paid over 
by the State superintendent of education direct to the 
city superintendent of schools and by him paid over to 
the treasurer" 

After a very careful consideration of the question, I 
am of opinion that the provision contained in section 176 
directing the State superintendent of education to pay 
over to the city superintendent of schools of each incor- 
porated city or town the proportionate share of the pub- 
lic school revenue is not a subject expressed in, covered 
or suggested by the title of the act; or necessary or 
proper to the full rounding of an enactment upon the 
subject which is expressed in the title and is, therefore, 
obnoxious to the requirement of section 45 of the con- 
stitution that "each law shall contain but one subject 
which shall be clearly expressed in its title." 

In the case of Bell v. State, 115 Ala. 87, the court con- 
sidered an act "to establish a new charter for the City 
of Huntsville" and held that the provisions of this act 
forbidding the prosecution on affidavit before a justice 
of the peace of a person who had already been arraigned 



PUBLIC SCHOOL LAWS OF ALABAMA. IgJ 

before the major for the same act under the city ordi- 
nance, wa.s violative of the constitutional provision, to 
which I have referred. In the course of the opinion. 
Judge McClellan, speaking for the court, said: 

''The subject to be contained in a bill may be as broad 
and comprehensive as the legislature may choose to 
make it. It may include innumerable minor subjects, 
provided all these minor subjects are capable of being so 
combined as to form only one grand and comprehensive 
subject; and if the title of the bill, containing this grand 
and comprehensive subject, is also comprehensive 
enough to include all these minor subjects as one sub- 
ject, the bill and all parts thereof will be valid * ♦ ♦. 
The grand and comprehensive subject expressed in the 
title to this act is the charter of the city, the creation of 
corporate existence and the conferring of corporate 
powers. Such subject embraces all the minor subjects 
incident to such corporate existence and powers; and 
whatever is necessary to a complete municipal charter, 
or is embraced in the thought contained in the general 
expression, is a part of the subject expressed, and au- 
thorized by the general expression. * * * But, to take 
uw<iy from any tribunal ^ even of the most inferior char- 
acter, established by general laics and charged icith their 
administration, jurisdiction theretofore conferred to try 
offenses against the criminal laws of the State, and to 
confer it exclusively upon an ofificer of a municipal cor- 
poration, is not to provide for the exercise of any func- 
tion of municipal life nor to confer any power incident 
to municipal government nor to follow any suggestion 
which can be referred to the expressed purpose of estab- 
lishing a municipal charter." 

In the case of Black v. State, 144 Ala. 92, the court 
followed the case of Bell v. State, supra, and held that 
a like provision contained in "an act to amend an act to 
incorporate the town of Geneva," was unconstitutional. 

The following cases support the general principle laid 
down by Judge McClellan in the Bell case: 



188 PUBLIC SCHOOL LAWS OF ALABAMA. 

Ex rel. Gayles, 108 Ala. 514 ; 
Bradley v. State, 99 Ala. 177 ; 
Glenn v. Lynn, 89 Ala. 608; 
Mobile V. L. & N., 124 Ala. 132-142. 
The State v. So. Ry. Co., 115 Ala. 250; 
Ballantyne v. Wickersliam, 75 Ala. 533; 
Ex rel. Reynolds, 87 Ala. 138 ; 
White V. Boyin, 113 Ala. 170; 
Montgomery y. State, 88 Ala. 141; 
Sanders v. State, 117 Ala. 543; 
Lindsay v. U. S. Asso., 120 Ala. 156; 
Covington y. Thompson, 142 Ala. 90, 111-112. 

The title of the act in question may for convenience be 
divided into three divisions: 

(a.) To provide for the organization, incorporation, 
government and regulation of cities and towns; 

(b.) To define rights, powers, duties, jurisdiction 
and authority of such cities and towns and of the offi- 
cers thereof; 

(c.) To prescribe penalties for violations of the pro- 
visions of this act. 

Applying the principle of these cases to the case in 
hand, the subject matter of section 176 does not relate to 
the organization, incorporation, government and regula- 
tion of cities and towns ; nor is it a right, power, duty or 
a feature of the jurisdiction and authority of cities and 
towns and of the officers thereof, and clearly it has no 
relation to the last division of the title, — prescribing 
penalties for violation of the provisions of this act In 
analyzing the question with the title in vicAv, it is appar- 
ent that the only phase of the title which gives any sort 
of support to the provision of section 176 is that part of 
the title which I have set out in division "b," viz. : "To 
define the rights, powers, duties, jurisdiction and au- 
thority of such cities and towns and of the officers there- 
of." And so far from being a right, power or duty of a 
city, it imposes on the other hand a duty upon the State 



PUBLIC SCHOOL LAWS OP ALABAMA. Igg 

h^uperintendent of education, and would change the en- 
tire system of dealing with a large portion of the public 
school revenue, — in contravention of existing laws on 
that subject. It also indirectly affects the compensa- 
tion to which the county superintendent of education is 
entitled under section 3555 of the code by relieving him 
of the dut}^ of disbursing so much of the public school 
revenue as would by the proposed system be paid direct 
to the city. It does not provide for the exercise of any 
function of municipal life nor does it confer any power 
incident to municipal government. 

The purpose of section 45 of the constitution, said 
Chief Justice Brickell in Lindsay v. U. S. Association, 
120 Ala. 156, is among other things, "to fairly apprise 
the people, through such publication of legislative pro- 
ceedings as is usually made of the subjects of legislation 
that are being considered, in order that they may have 
the opportunity of being heard thereon by petition or 
otherwise, if they shall so desire." And further in the 
same case it is held that "the title must be such, at least, 
as fairly to support or give a clue to the subject dealt 
with in the act and, unless it comes up to this standard, 
it falls below the constitutional requirement." 

The subject matter of this section (176) would never 
be suggested to the legislative mind from reading or 
Ijearing read the caption of this bill; nor is it reasonable 
to say that the general public was fairly apprised, from 
the title of the act, under the principles above quoted, 
that a provision was contained therein which directly 
affected and changed the duty heretofore imposed by 
law upon the State superintendent of education, as well 
as the duties and emoluments of the county superin- 
tendent of education, in sixty -seven counties. 

It follows, therefore, that section 176 of the act under 
<'onsideration falls to the ground, and there is no au- 
thority for you to pay to the superintendent of public 
schools of New Decatur the school funds of that citv. 



190 



PUBLIC SCHOOL LAWS OF ALABAMA. 



In order that no misunderstanding may result, I beg 
to say that the remaining portions of the municipal code 
are unaffected by this ruling; for it is well settled that 
where an act is ''complete within itself, sensible, capa- 
ble of being executed and wholly independent of that 
which is rejected, the enactment will be upheld and en- 
forced as to that which is valid." 
Harper v. State, 109 Ala. 28. • 
I beg to remain. 

Very respectfully, 

Alex. M. Garber^ 
Attorney General. 



October 18th, 1907. 
Hon. H. Y. Brooke, 

Assistant Examiner of Public Accounts. 

Capitol. 
Dear Sir: 

On the 26th ultimo you requested me to advise you on 
the foIlov>ing questions: 

First. Can a sheriff use a prisoner as a. trusty, the 
prisoner doing such services as cleaning the court house 
and jail, carrying food to prisoners, running errands 
and performing such other duties as the sheriff may 
direct about the house, etc., and charge the State with 
the feed bill for such prisoner. 

Second. Have the superintendents of education and 
the school boards of the county the right to apportion 
the school money in the district so as to give white chil- 
dren in one school district thirty cents per capita, and 
those in other school districts, three dollars per capita. 

Answering your questions in the order stated, I beg 
to say that the sheriff is entitled to a fixed amount for 
feeding each prisoner in jail under charge or conviction, 
and there is no provision in the statute (Code section 
4565) depriving the sheriff of his compensation where 



PUBLIC SCHOOL LAWS OF ALABAMA. l^l 

lie uses the prisoner as mentioned in your question. Un- 
less the legislature so declares there is no power or 
authority for such deduction. 

Section 256 of the constitution directs that "the pub- 
lic school funds shall be apportioned to the several 
counties in proportion to the number of school children 
of school age therein, and shall be so apportioned to the 
schools in the districts or townships in the counties as 
to provide, as nearly as practicable, school terms of 
equal duration in such school districts or townships. '^ 
As you will observe the funds are apportioned to the 
counties on a per capita basis, and the local school 
boards of the counties apportion the funds, not on a per 
capita basis, but in such manner as to provide, as nearly 
as practicahle, school terms of equal duration in the 
several districts or toivnships in the county. — A large 
discretion is thus reposed in the county boards, and the 
presumption will be indulged that the apportionment 
as made was necessary to carry out the constitutional 
requirement. 

As the second question above deals with a question 
relating to the public schools, I am forwarding a copy 
of this letter to the superintendent of education. 
Yours very truly, 

Alex. M. Garber^ 
Attorney General. 



Montgomery, April 2nd, 1908. 
Hon. Harry C. Gunnels, 

Superintendent of Education. 

Montgomery^ Alabama. 
Dear Sir: 

According to information received from your depart- 
ment, there are about 11,000 district school trustees in 
the State of Alabama. I am receiving every day let- 
ters from many of these district trustees from all parts 



192 PUBLIC SCHOOL LAWS OF ALABAMA. 

of the state, seeking information on the question of 
their exemption from the payment of poll tax and their 
right to vote in the May primary. This situation, which 
indicates a condition of uncertainty in the minds of the 
people on this subject, has induced me to send you this 
official communication in order that you may send out 
from your department the advices contained herein. 

Section 3575 of the Civil Code of 1896 is as follows : 

"Township trustees are exempt from road duty, jury 
duty and poll tax, so long as they shall continue in of- 
fice and perform the duties thereof; and the certificate 
of the county superintendent of education shall be evi- 
dence of the fact." 

The constitution of Alabama of 1901 provides that 
"To entitle a person to vote at any election by the peo- 
ple, he shall have * * * paid on or before the first 
day of February next preceding the date of the election 
at which he offers to vote all poll taxes due from him for 
the year 1901, and for each subsequent year." (Consti- 
tution, Section 178. ) It further declares that "the poll 
tax mentioned in this Article shall be one dollar and 
fifty cents upon each male inhabitant of the State, over 
the age of 21 years, and under the age of 45 years, who 
would not now be exempt by law." (Constitution, Sec- 
tion 184.) 

The present Constitution of Alabama was ratified on 
November 28th, 1901. On that date, and for many years 
prior thereto, the statute (Code Section 3575) was in 
force which exempted Township Trustees from the pay- 
ment of poll tax, subject to the conditions prescribed in 
said section of the Code. Township Trustees being thus 
exempt from the payment of poll tax at the date of the 
ratification of the Constitution, they were not required 
to pay the poll tax in order to qualify as an elector. 

The Redistricting Act of September 30th, 1903, abol- 
ished the Township lines for school purposes and re- 
tained Township Trustees under the provisions of the 



PUBLIC SCHOOL LAWS OP ALABAMA. ] 93 

then existing law only for the purpose of selling and 
lea-sing the Sixteenth Section School lands. The said 
Act also created a local board of three District Trustees 
for each District to be elected by the qualified electors 
thereof, and defined the duties of such District Trustees, 
which are practically the same as the duties of the 
Township Trustees under the old law. 

On March 13th, 1906, my predecessor in office ren- 
dered, an official opinion to the State Superintendent of 
Education, in which he held that the District Trustees, 
created under the general Redistricting Act, were ex- 
empt from the payment of poll tax, inasmuch as they 
were exempt under Section 3575 of the Code but therein 
called Township Trustees and that the mere change of 
the name, their duties being but slightly changed, could 
not operate to defeat the exemption. From the date of 
the announcement of this opinion — March 13th, 1906 — 
I am informed by you that the Department of Educa- 
tion, acting under the authority of this opinion lias uni- 
formly advised District Trustees over the State that 
they were under the law exempt from the payment of 
poll tax. I think the ruling of the Attorney General's 
Department above referred to should be regarded as 
authority for the exemption of such District Trustees 
from tlie payment of poll tax and no District Trustees 
should be challenged at the Primary on May 18th, on 
the ground that lie has failed to pay such tax. 

It will also be a matter of importance to the District 
Trustees who will be elected on the first Saturday in 
July, 1908, to be advised of the fact that the new Code, 
Avhich will become effective on May 1st, 1908, abolishes 
entirely Township Trust(^es, omits Section 3575 of the 
Code of 1896, and contains, as far as I have been able 
to discover after careful examination, no provision ex- 
empting District School Trustees, under the general law 
from rxiad duty, jury duty, and poll tax. 

This will effect a change in the status of District 
Trustees in respect to the payment of ])oll tax and on 



m 



13 SL 



194 PUBLIC SCHOOL LAWS OP ALABAMA. 

October 1st, 1908, they will be liable for the payment 
of such tax, and will also be subject to road duty and 
jury duty. 
I remain. 

Yours very truly, 

(Signed) Alex. M. Garper^ 
Attorney General. 



The State of Alabama — Judicial Department. 



THE SUPREME COURT OF ALABAMA. 
November Term, 1909-10. 



7 Div. 320. 



Bessie Bryant, pro ami, 

vs. 
M. A. Whisenant^ et als. 



Appeal from Anniston City Court. 



Anderson, J. — It is manifest, that chapter 41 of the 
code of 1907, which relates to the public school system 
of the State contemplates, that tuition shall be abso- 
lutely free to all minors of the State over the age of 
seven. We think, however, there is a well defined dis- 
tinction between tuition and a reasonable incidental fee, 
for heating and lighting the school room. — State ex rel. 



PUBLIC SCHOOL LAWS OF ALABAMA. I95 

Priest V. University of Wisconsin^ 54 Wis. 159. And 
when the statute makes no provision for a fund for this 
purpose, the county boards have the right to prescribe a 
reasonable method for the raising and collection of this 
fund and to delegate the authority to district boards 
and teachers to enforce said rules. We also think that 
the requirement of a reasonable incidental fee for this 
purpose, as a condition precedent to attendance, is con- 
templated by the statute, in the absence of any special 
provision for same, and that the rule set up in special 
pleas 2 and 4 was a reasonable one and a good defense 
to the plaintiff's action. The trial court properly over- 
ruled the demurrers to these pleas and the judgment 
must be affirmed. 

Affirmed. 

Dowdell, C. J., Simpson, McClellan and Sayre, JJ., 
concur in the opinion and the conclusion, Mayfield, *J., 
concurs in the conclusion, but does not think that the 
law contemplates free tuition. 



Montgomery, Jan. 17, 1910„ 
Hon. H. C. Gunnels, 

Superintendent of Education^ 

Capitol. 
Dear Sir: 

I have your letter of January 17th, 1907, requesting 
me to advise you whether the act of the general assem- 
bly, approved Feb. 13, 1883, (Acts 1882-3, p. 360) has 
been repealed. This act establishes a separate school 
district in Marengo county to be known as the Fauns- 
dale School District, and the State superintendent of 
education is directed by section 2 "immediately on the 
passage of this act to appoint a district superintendent 
of education for such district, who shall be required be- 
fore entering upon the duties of his office to execute a 



196 PUBLIC SCHOOL LAWS OF ALABAMA. 

bond for $4,000.00 which shall be payable, conditioned 
and approved in the same manner as the bonds of county 
superintendents of education are now payable, condi- 
tioned and approved." Sections 3, 4 and 5 of the act 
deal with the duty of the district school superintend- 
ent and of the disposition of certain school funds to 
Avhich the district may be entitled. 

There is no provision of this act nor of any prior or 
subsequent act, so far as I can find, which attempts in 
any way to fix the term of office of the district super- 
intendent. 

There is a Avell settled rule of law that in the absence 
of a specific provision to the contrary, the power of re- 
moval from office is incident to the power of appoint- 
ment; and that where the term of office is not fixed, the 
officer holds at the pleasure of the appointing power. 

Shirtliff V. United States, 189 U. S. 315; 
Keim v. United States, 177 U. S. 290; 
23 A. & E. Enc. of Law, (2nd. Ed.) 410. 

Applying this principle to the present case, it is my 
conclusion that this district superintendent holds his 
office at the pleasure of the State superintendent of edu- 
cation, who is the appointing power under the act, and 
that he is removable at the pleasure of that officer. 

It is, therefore, my opinion that the act creating this 
special school district is repealed under the influence of 
the act approved Aug. 25, 1909, (Spec. Acts, 1909, p. 
115). 

I am. Very truly yours, 

(Sig-ned) Alex M. Garber, 

Attornev General. 



PUBLIC SCHOOL LAWS OF ALABAMA. I97 

Montgomery, June 7, 1910. 
Hon. H. C. Gunnels^ 

Superintendent of Education^ 

Capitol. 
Dear Sir: 

I have your favor of the 28th instant enclosing com- 
munication from Mr. W. H. Storey, county superin- 
tendent of education of Pickens county, and requesting 
me to advise you on the following questions propounded 
by Mr. Storey: 

(1) Has the county board of education the author- 
ity to compel by law the payment of the supplement 
promised by the town of Reform for the support of the 
high school? 

(2) Is the county board of education authorized by 
law to compel the people of Reform to comply with their 
contract with the high school commission ''to erect a 
building and equipment * * * to cost not less than 
112,500.00 with water works and sewerage system?'' 

Answering the first question I beg to say that by an 
act approved August 26th, 1909, (Special Acts 1909, p. 
230) cities and towns of this State are authorized to 
convey real or personal property belonging to such cities 
or towns and to make appropriations from city and 
town funds and to issue bonds to aid in the location 
and in the construction of high schools and high school 
buildings under the act of the legislature, approved 
August 7, 1907, and to make appropriations for such 
high schools. By section two of this act all such con- 
veyances and appropriations which were made before 
its passage were ratified and confirmed. If the town of 
Reform has made an appropriation for this purpose I 
am of the opinion that a proceeding to enforce the pay- 
ment thereof should be instituted in the name of the 
State of Alabama. 

Answering the second question I beg to say that a 
suit may be instituted by the State of Alabama against 



198 PUBLIC SCHOOL LAWS OF ALABAMA. 

the citizens of Reform to require them to comply with 
their contract with the high school commission as indi- 
cated in this question. 

I herewith return Mr. Storey's letter. 
Yours very truly, 
(Signed) Alex M. G-arber, 

Attorney General. 



Montgomery, August 21, 1908. 
Hon. H. C. Gunnels^ 

SuperinteMdcnt of Education^ 

Capitol. 
Dear Sir: 

On the 25th ultimo you handed me a communication 
from Mr. W. T. Hollingsworth, county superintendent 
of education of Chambers county, Alabama, to which 
was attached a letter from Mr. J. M. Tucker, and you 
desire to be advised upon the question raised in these 
letters, namely, whether the county board of education 
may apportion money from the general school fund for 
the support of the county high schools established un- 
der the act of the legislature of August 7th, 1907, ( Gen- 
eral Acts 1907, page 728). 

After a full investigation of the matter, it is my opin- 
ion and I so advise you that the county board of educa- 
tion may, in its discretion apportion money from the 
common school fund for the support of such high 
schools. I am supported in my conclusion by the cases 
of Elsberry v. Seay, 83 Ala. page 614, and Shultes v. 
Eberly, 82 Ala., page 242. 

The authority for the apportionment of the school 
funds by the county boards of education is found in 
Section 1765, et seq. of the code of 1907. A very wide 
discretion is reposed in these boards in making such 
apportionment and I regard it as being within their 



PUBLIC SCHOOL LAWS OF ALABAMA. I99 

power to apportion the same in part for the support of 
the high schools, established under the authority of the 
act referred to, which constitute an integral part of our 
public school system. I remain. 

Yours very truly, 

(Signed) Alex M. Garber^ 

Attorney General. 



Montgomery, May 17th, 1911. 

Hon. H. J. WlLLINGHAM, 

Superintendent of Education, 

Capitol. 
Dear Sir: 

Replying to your letter of the 16th requesting my 
opinion upon the validity of the bill, H. B. 285, "To 
amend Sections 1975, 1976, 1977, 1981, 1992, 1993 and 
1989 of the Code of Alabama of 1907," approved April 
18th, 1911, I find upon investigation of the Journals of 
the legislature that on the forty -seventh day of the ses- 
sion, April 5th, 1911, that when this bill, H. 285, was 
taken up and before the third reading, a substitute for 
the bill was offered and this substitute was set out at 
length upon the. Journal of the House and was adopted 
by the House and the bill as amended by this substitute 
was read a third time at length and passed. 

Section 1 of this substitute, as shown by the Journal 
of the House, appropriated the sum of "one hundred 
thousand and five hundred dollars." However, it will 
be found that Section 1 of the enrolled bill was signed 
by the presiding officer and approved by the governor 
and which is the law itself, appropriates the sum of 
"one thousand and five hundred dollars." The original 
of the substitute, which was adopted by the House now 
shows that Section 1 appropriates one thousand five 
hundred dollars, the word "hundred" that appears in 



200 



PUBLIC SCHOOL LAWS OF ALABAMA. 



the cop3" of this substitute on the Journal of the House^ 
being stricken out. 

Thus it will be seen that the bill which passed the 
House is materially different from the one approved by 
the governor and sigiaed by the presiding officers of the 
two houses and presumably different from the one which 
passed the senate. 

There can be no question Avith reference to the fact 
that the difference in the two bills is a material one, the 
difference being in the total amount appropriated for 
the purpose of the bill and under the rulings of the 
Supreme Court of this State with reference to such 
matters, the bill is unconstitutional and absolutely void 
in its entirety, the court holding that where an amend- 
ment to a bill is set out upon the Journal of either 
house, that the enrolled bill must be in accordance with 
this amendment. ( See Stein v. Leeper, 78 Ala. 517, and 
Moog V. Eandolph, 77 Ala. 597. 

Yours truly, 

Egbert C. Brickell, 

Attornev General. 



INDEX 



INDEX 



EDUCATION ARTICLE OP CONSTITUTION. 

Page 
Census, School, Legislature to provide for 170 

Children, School Age of 166 

Funds for Schools, how apportioned 166 

Funds for Schools, principal to be kept inviolate 166 

Funds for Schools, interest, how applied 166 

Funds for Schools, sources of (State) 167 

Lands given schools, how applied 167 

Location of certain institutions not to be changed, 

exception 170 

Mobile County, how schools affected by Constitution 171 
Moneys all applied to pay of teachers except four 

per cent 167 

Poll Taxes to be applied to school support 167 

Polytechnic Institute, control and management of_- 169 
Sectarian or Denominational Schools excluded from 

public funds 168 

Taxation for schools by State, rate of 167 

Taxation for schools, special by counties 171 

University of Alabama, management and control.- 168 

University of Alabama, financial support of 169 



Section 
268 

256 

256 

257 

257 

260 

258 

267 
270 

261 
259 
266 

263 
260 
269 
264 
265 



204 



INDEX. 



Page 
APPROPRIATIONS— 

For public schools 3 

Special for School Funds 4 

School, when accrue 5 

Agricultural Experiment Stations 164 

District Agricultural Schools 55-56 

Ala. Industrial School for White Boys 110 

School for Deaf and Blind 103 

Ala. Girls' Tech. Institute 95 

University of Alabama (University Fund) 76 

University of Alabama (Additional) 83 

Ala. Polytechnic Inst. (In lieu of Tag Tax) 88 

Ala. Polytechnic Inst. (Additional) 89 

For Rural Schoolhouses 112 

County High Schools 73 

To rebuild Randolph Co. High School 148 

ABOLISHED, TOWNSHIPS 10 



Section 

1678 
1678 
1679 



(note) 

(note) 
1929 
1872 

(note) 
1911 

(note) 
1975 
1862 



1689 



I 



ALCOHOL AND NARCOTICS, INSTRUCTION IN 35 



1746 



AGRICULTURE, TEACHING OF IN PUBLIC 

SCHOOLS 35 1747 

AGRICULTURAL EXPERIMENT STATIONS, 

APPROPRIATION FOR 164 

AGRICULTURAL SCPIOOLS 55-56 

APPORTIONMENT OF SCHOOL FUND— 

State Auditor certificates 41 1760 

16th Section int. first set apart 43 1764 

To counties — certified to Auditor 42 1762 

To counties — certified to county supts 42 1763 

To counties — when made 45 1770 



INDEX. 205 

Page. Section. 
APPORTIONMENT OF SCHOOL FUND— Continued. 

To school districts 43 1765 

To school districts — when contracts invalid 44 1768 

Bj' county board reported to State Supt. 43 1766 



APPORTIONMENT OF LOCAL SCHOOL FUNDS 45 



1776 



» 



APPORTIONMENT OF INCOME FROM TRUST 
FUND IN DIVIDED TOWNSHIP___ 



45 



1777 



ALABAMA POLYTECHNIC INSTITUTE— 

Incorporation, general powers 85 

Fund 86 

Powers of Board of Trustees 86 

Classification of trustees 86 

Vacancy in Board, how filled 87 

Time and place of meeting of trustees 87 

Quorum, board of trustees 87 

Payment of expenses of trustees 87 

When gift or grant affected 88 

Report of trustees to legislature 88 

Interest on fund, when and how paid 88 

Appropriation in lieu of tag tax 88 

Appropriation (Additional) 89 

ALABAMA GIRLS' TECHNICAL INSTITUTE— 

Corporate name, rights, etc 89 

Trustees, term of office, etc 89 

Purposes for which established 90 

Powers to confer degrees, etc 91 

Pres., election and qualifications of 91 

Depts., Professors, etc.. how chosen 92 

Sec'ty. of Trustees 92 

Treasurer, election, duties, etc 92 

Books open to inspection 98 

Pupils admitted, qualifications of 93 



1899-1900 
1901 
1902 
1903 
1904 
1905 
1906 
1907 
1908 
1909 
1910 
1911 
(note) 



1912 
1913 
1914 
1915 
1916 
1917 
1918 
1919-1920 
1921 
1922 



206 



INDEX. 



Page. Section. 
ALABAMA GIRLS' TECHNICAL INSTITUTE— Con^ntted. 

Property exempt from taxation 94 1923 

Sctiolarships 94 1924 

Duties of students 94 1925 

Rights confirmed . 95 1926 

Instruction free 95 1927 

Power to condemn property 95 1928 

Appropriation to 95 1929 

Title to and sale of land 96 1930 

Deposit of proceeds of sales and leases 96 1931 

Interest on land fund paid quarterly 96 1932 

ALABAMA INSTITUTE FOR THE DEAF— 

Establishment and corporation 97 1933-1934 

Board of Trustees 97 1935 

Meetings of Board, Sec. and Treas 99 1936 

Duties of Treasurer 99 1937 

President of Board, Teachers, Compensa- 
tion of Officers 99 1938 

Object of school, application and admission 100 1939 

Selection and powers of Executive Com, 100 1940 

Appropriation for each pupil 101 1941 

Property to be insured, etc., appropriation 

for 101 1942 

ALABAMA SCHOOL FOR THE BLIND— 

Establishment, control and management 101 1943-44 

Objects of school,' application and admis- 
sion, term of pupilage 102 1946 

Officers and teachers, compensation of 102 1947 

Law relating to Ala. School for the Deaf 

applicable 102 1948 

Appropriation for 103 (note) 



ALABAMA SCHOOL FOR NEGRO DEAF, MUTES 
AND BLIND— 

Establishment, control and management— 103 
Object, application and admission, term of 



1949-50 




INDEX. 207 

Page. Section. 

ALABAMA SCHOOL FOR NEGRO DEAF, MUTES AND BLIND— 
Continued. 

pupilage 103 1951 

Appropriation for each pupil 103 1952 

Laws relating to Ala. School for Deaf 

applicable 104 1958 



ALABAMA INDUSTRIAL SCHOOL FOR WHITE 
BOYS— 

Rights and powers of 105 1954 

Directors, term of office 105 1955 

Officers, agents and employees 106 1956 

By-laws 106 1957 

Meetings of Board 106 1958 

White children between 6 and 18 years of 

age provided for 106 1959 

Commitment of children to 107 1960 

Appeals from decision committing child 108 1961 

Time children kept in reformatory 108 1962 

Reports to Legislature 109 1963 

Criminal children sentenced to school 109 1964 

May receive children without authority of 

court 109 1965 

Exclusive custody of children committed 109 1966 

Instructions given children committed 109 1967 

Treasurer of School — Bond 110 1968 

Detention and keeping of children, author- 
ity for 110 1969 

Convict children separated from others 110 1970 

Appropriation to school 110 (note) 

ALABAMA SCHOOL OF TRADES & INDUSTRY— 

Established at Ragland 149 

ALABAMA REFORM SCHOOL FOR JUVENILE 
NEGRO LAW BREAKERS— 
Established 158 



208 INDEX. 

Page. Section. 
BOARD OF EDUCATION— 

Municipal Districts 17 1701 

Cities of 6,000 and over 119 1349 

Cities of 1,000 and less tlian 6,000 ^__ 123 1355 

BOARD OF EDUCATION— 

County 5 1680 

Election of 21 1712 

Of whom constituted 21 1713 

Vacancies, liow filled 22 1714 

Powers and duties of 22 1715 

Compensation of 22 1716. 

BOARD OF EXAMINERS, STATE, FOR TEACH- 
ERS 28 1719 

Compensation of 31 1726 

Examines and grades papers 33 1737 



BOARD OF COMPROMISE, AS TO SCHOOL 

LANDS 53 1804 



BOARD, NORMAL SCHOOL, CREATED 138 

BOARD, REDISTRICTING 11 1691 

BOND OF COUNTY SUPT. OF EDUCATION 18 1704 

BOND OF STATE SUPT. OF EDUCATION 6 1682 

COUNTY TREASURER OF SCHOOL FUND 25 1 

COUNTY SUPT. OF EDUCATION 5 1680 

Term of office, etc 17 1703 

Oath of office and bond 17 ' 1704 



I 



INDEX. 209 

Page, Section. 
COUNTY SUPT. OF EDUCATION— Continued. 

Approval and record of bond 17 1705 

New bond 18 1706 

His duties and powers (23 1 

jl8 1707 

Forfeiture for failure to make reports 20 3708 

Books and accounts liable to examination 20 1709 

Vacancies, how filled 20 1710 

Compensation of (23 2 

1 27 1711 

Proceedings for and against 117-118 5940-5945 

COUNTY BOARD OF EDUCATION 5 1680 

Election of 21 1712 

Of whom constituted 21 1713 

Vacancies, how filled 22 1714 

Powers and duties of 22 1715 

Compensation of 22 1716 

Required to keep record of apportionment— 44 1767 

CENSUS OF SCHOOL CHILDREN 26 1717 

Compensation of enumerators 27 1718 

False enumeration, penalty for 27 7755 

CONDUCTORS OF TEACHERS' EXAMINATIONS 
IN COUNTIES— 

Compensation of 31 1727 

CONTINGENT FUND, DEPT. OF EDUCATION— 46 1780 

CRIMINAL PROVISIONS OF PUBLIC SCHOOL 

LAW 36-39 6413-7755 

CERTIFICATES, OF TEACHERS— 

Temporary 29 1723 

Grades of 32 1732 

14 SL 



210 



INDEX. 



Page. Section. 
CERTIFICATES, OF TEACHERS— Cow^nwetf. 

Percentage required 32 173a 

How issued 33 1738^ 

Lifetime of 34 174a 

Life 34 1741 

Revoking 34 174a 

COMMISSION, TEXT BOOK— 

How constituted, oath, etc 56 1805-180T 

Duties of 57 180& 

Unlawful to use other books 57 1809^ 

Branches of study for which books selected 57 1810 

Sectarian or partisan books forbidden 57 1811 

Books selected may be dropped 58 1812 

Advertising for bids, deposit of security- _58-59 1815-1819 

Notification of contract awarded 60 1820 

Contract, preparation of ,etc 60 1821 

Bond of contractor 61 1822 

Deposits returned after execution of bond. 61 1823 
Failure of publisher to execute contract or 

bond 62 1824r 

Recovery on bond of contractor 62 1825 

Sec. of State preserves sample copies of 

books 62 1826-1827 

Exchange and contract price printed on 

books 63 1828 

Price of books shall not exceed that of other 

states : ^ 63 1829 

Changing or altering contracts 64 1830 

Majority controls 64 1831 

State not liable to contractor 64 1832 

Old books exchanged for new 64 1833 

Rejecting bids 64 1834 

Readvertising for bids 65 1835 

Bids for copyright 65 1836 

Manuscripts 66 1837 

Proclamation of Governor announcing con- 
tracts 66 1838 



I 



INDEX. 211 

Page. Section^ 
COMMISSION, TEXT BOOK— Continued. 

Three depositaries in each county 66 1839 

Contract price printed on books 67 1840 

Distribution of books 67 1841 

Term of 67 1842 

List of books, agencies, etc 67 184S 

Supplementary text books — books for high- 
er grades 68 1844 

Other books used on failure to furnish 

those adopted 68 1845 

Appropriation for 68 1846 

Compensation of 68 1847 

Clerk of Commission, compensation of 69 1848 

Books adopted continue five years 69 1849 

Failure of contractor to furnish books 69 1850 



COMMISSION, HIGH SCHOOI.— 

To locate and establish 73 1861 



COUNTY HIGH SCHOOLS— 

Sites, annual donation paid quarterly 73 1862 

Controlled by High School Commission and 

County Board 73 1863 

Free schools and office of trustee not abol- 
ished 7S 1864 

Qualification and eligibility of teachers and 

students 73 1865 

Course of study 73 1866 

Matriculation fees 73 1867 

Cities and towns authorized to aid 133 

Commissioners' Court or Board of Revenue 
authorized to appropriate funds for 

maintenance or construction 134 

State authorized to sell lots conveyed to it 136 

CHILD LABOR LAW 125-130 



212 INDEX. 

Page. Section. 

canebrake agricultural experiment 
station- 
To regulate Board of Control 161 

DISTRICT TRUSTEES 5 1680 

Election, powers, etc. 13 1697 

Organization of 15 1608 

Duties of 15 1699 

Number increased for graded school 16 1700 

DISTRICT, SCHOOL— 

Municipal 16 1701 

Incorporated 11 1690 

Redistricting Board 11 1691 

Separate 13 1693 

Not affected by county line 13 1694 

Apportionment of funds to 43 1765 

Apportionment, when contracts invalid 44 1768 

Fund, once apportioned not used for other 

purposes 46 1778 

New, income entitled to 46 1779 

DALE COUNTY HIGH SCHOOL, established 137 

ENUMERATION OF SCHOOL CHILDREN 26 1717 

ENUMERATORS, COMPENSATION OF 27 1718 

ENUMERATION, FALSE, PENALTY FOR 27 7755 

EXAMINERS, STATE BOARD OF— 

For teachers 28 1719 

Compensation of 31 1726 



INDEX. 

Page. 
EXAMINATION OF TEACHERS— 

Percentage required 32 

Branches examined upon 32 

Must be written 33 

Papers transmitted to State Board 33 

Papers kept on file six months 34 

Separate school districts 35 

At State University by State Board 85 

Compensation o'f conductors in counties 31 

Fees 30 

EXAMINATIONS OF PUPILS, PUBLIC 40 

EDUCATIONAL CORPORATIONS— 

Disposition of property when stockholders 

are unknown 153 

FUND, PUBLIC SCHOOL 3 

Constitutional levy 30c. on one hundred 4 

Certified by Auditor, apportioned by State 

Supt. 41 

Amount for Normals and Ed. Contingent 

Fund set apart 41 

Apportioned to counties by State Supt f42 

^45 

County Treasurer of 25 

Incorporated cities, how paid 14 

Local, apportionment of 45 

Trust, how apportioned in divided towns'ps 45 
District, once apportioned not used for 

other purposes 46 

FUND, STATE UNIVERSITY 76 

(Additional Appropriation) 83 

FUND, ALABAMA POLYTECHNIC INSTITUTE— 86 

Interest on, when and how paid 88 

In lieu of tag tax 88 



213 

Section. 

1733 
1734 
1735 
1736 
1739 
1745 
1898 
1727 
1725 

1758 



1678 
(note) 

. 1760 

1761 
1763 
1770 
1 
1695 
1776 
1777 

1778 

1872 
(note) 

1901 
1910 
1911 






214 



INDEX. 



16»3 
1695 
1356 






Page. Section. 
FUND, LAND, ALABAMA GIRLS' TECHNICAL 

INSTITUTE 96 1932 

FUND, NORMAL SCHOOLS 41 1761 

HIGH SCHOOLS FOR DALE COUNTY— 

Established 137 

INCORPORATED CITIES AND TOWNS— 

Separate school districts 13 

Funds, how paid f 14 

|124 

Authorized to make appropriation and issue 
bonds to aid in establishing and con- 
structing high schools 133 

INSTITUTES, TEACHERS, TO PROVIDE FOR 144 

LAND AGENT, POWERS OF , 165 

LANDS, SCHOOL 47 1781 

Indemnity 47 1781 

Sale of by State Supt. of Education 47 1782 

Indemnity, how sold 47 1783 

Resale of 48 1784 

Proceeds of sale, how disposed of 48 1785 

Notes taken, when placed with Att'y Gen'l 48 1786 

Manner and terms of sale ^ 48 1787 

Timber lots reserved, how used 49 1788-1789 

Penalty for injury to timber 49 1790 

Certificate of purchase, effect of 50 1792-1793 

Revesting of title 50 1794 

Patents issued by Sec'y. of State 51 1796-97-98 

Notes, collection of 52 1799-1800 

Township credited with collections 52 1801 

Proceeds covered into Treasury 52 1802 

Lease of 53 1803 

Board of Compromise for 53 1804 



INDEX. 215 

Page. Section. 
lANDS— 

State authorized to sell certain lands con- 
veyed to it for school purposes 136 

I.IBRARIES— 

Right of cities and towns to establish 125 1358 

Acts to establish in rural & village schools 141 

LICENSES, PAID TO SCHOOL FUND 4 1678 

LIFE CERTIFICATES FOR TEACHERS 34 1741 

LOCAL SCHOOL FUNDS— 

How apportioned, etc. 45 1776 

MUNICIPAL SCHOOL DISTRICT— 

Board of, etc. 16 1701 

MONTHLY REPORT OF SCHOOL TEACHERS-- 36 1740 

MOBILE COUNTY, SPECIAL SCHOOL TAX 131 

NORMAL SCHOOLS 54-55 

Apportionment of funds to 41 1761 

NORMAL SCHOOL BOARD CREATED 138 

NON RESIDENTS, when entitled to Public Schools 39 1756 

NORTH EAST ALA. AGRICULTURAL A INDUS- 
TRIAL INSTITUTE, established at 
Lineville 156 



1 

I' 



216 INDEX. 

Page. Section. 
OFFICERS AND BOARDS OF ADMINISTRATION 

FOR PUBLIC SCHOOLS 5 168^ 



OPINIONS OF ATTORNEYS-GENERAL— 

A copy book is a text book 172 

Adopted text books, purchase of from cer- 
tain dealers 176 

Garnishment, subjection of teachers' sal. to 179 
Rural Schoolhouses ; application of funds. 179 
County Superintendent, qualifications for 

election of 182 

City and town schools ; to whom funds 

for, payable 185 

Authority of county board to apportion 

school funds 190 

Poll tax ; exemption of school trustees from 191 
State school funds under Munic. Code Law 185 
Authority of comity board to assess inci- 
dental fee 194 

Faunsdale Special School District; act re- 
pealed 195 

Relating to Pickens County High School__ 197 
Apportionment of public school fund by 
county board for support of county high 

school 198 

Amended bill for Rural Schoolhouses uncon- 
stitutional 199 



PUBLIC SCHOOL FUND (State) 3 1678 

Auditor certifies, Supt apportions 41 1760 

Apportioned to counties by State Supt 42 1763 

County Treasurer of 25 1 

County Treasurer of, duties 25 2, 3 and 4 

PUBLIC SCHOOLS— 

Officers and Boards of 5 1680 

Pupils eligible to 39 1755- 



INDEX. 217 

Page. Section. 
PUBLIC SCUOOI^S— Continued. 

When non-residents entitled to 39 1756 

^ Separate for the two races 40 1757 

To provide for in manufacturing districts 135 

^ PUPILS ELIGIBLE TO PUBLIC SCHOOLS 39 1755 

I 

■ PUBLIC EXAMINATIONS IN SCHOOLS 40 1758 

POLL TAX 3 1678 

Net amount to be retained in each county 

for school purposes 44 1769 

REVENUE, SURPLUS U. S. 3 1678 

RENTS 3 1678 

REGISTER OF LICENSED TEACHERS 35 1744 

i 

■ REGISTER, SCHOOL, kept by teachers 35 1748 

REPORT, MONTHLY ; by teachers 36 1749 



REPORT OF APPORTIONMENT OF FUNDS BY 

COUNTY BOARD 43 1766 



RURAL SCHOOLHOUSES— 

Appropriation for 112 1975 

Limitation of appropria'n to any one county 113 1976 
Application of school district for appropria- 
tion 113 1977 

Filing and submitting of application to 

county board 113 1978 



218 



INDEX. 



Page. 
RURAL SCUOOJuUOVSES— Continued. 

Consideration of applica'n by county board 113 
Record of consideration of application — con- 
tests 113 

Amount of appropriation recommended 113 

Plans and specifications, how furnished 114 

Area of schoolhouse lot 114 

County ^oard certifies approval of applica- 
tion to State Superintendent 114 

State Supt. orders warrant; Auditor issues 114 

Delivery and forwarding of warrants 115 

Receipts for warrants 115 

Payment of warrant to district trustees— 115 
Account with each county kept by State 

Superintendent 116 

Unused warrant cancelled 116 

Unexpended county balance carried forward 116 

Warrants; proceeds how used . 116 

Warrants; wrongful application of, penalty 116 
State authorized to sell lots conveyed to it_ 136 

SCHOOL AGE, pupils of public school 39 

SCHOOL FUND, PUBLIC 3 

Auditor certifies, Supt. apportions 41 

Amount for Normal Schools and Contingent 

Fund first set apart 41 

Apportioned to counties by State Supt 42 

Constitutional levy, 30c. on one hundred— 4 

County Treasurer of 25 

County Treasurer of, duties 25 

When apportioned to counties 45 

SIXTEENTH SECTION INTEREST— 

First set apart in making apportionment of 
funds 43 



Section. 

1979 

1980 
1981 
1982 
1988 

1984 
1985 
1986 
1988 
1989 

1990 
1991 
1992 
1993 
7754 



1756 

1678 
1760 

1761 
1763 
1678 
1 
2, 3 and 4 
1770 



1764 



INDEX. 



219 



Page. Section. 

SURPLUS REVENUE U. S. 3 1678 

SCHOOL FUND, LOCAL, how apportioned 45 1776 

SCHOLASTIC PERIODS 40 1759 

SCHOOLS, PUBLIC— 

Pupils eligible to 39 1755 

When non residents entitled 39 1756 

Separate for the two races 40 1757 

Officers and Board of 5 1680 

To provide for in manufacturing districts 125 

SCHOOL DISTRICTS— 

Apportionment of funds to 43 1765 

Fund once apportioned not used for other 

purposes 46 1778 

New, income entitled to 46 1779 

Incorporated 11 1690 

Redistricting Board, etc. 11 1691 

Separate 13 1693 

Not affected by county line 13 1694 

Municipal 16 1701 

i 

SCHOOL LANDS— 

Indemnity lands 47 1782 

How sold 47 1783 

Resale of 48 1784 

Proceeds of sale, how disposed of 48 1785 

Notes taken, when placed with Att'y Gen'l 48 1786 

Manner and terms of sale 48 1787 

Timber lots reserved, how used 49 1788-1789 

Penalty for injury to timber 49 1790 

Certificate of purchase, effect of 50 1792-1793 

Revesting of title 50 1794 

Patents issued by Secretary of State 51 1796-97-98 



I 



220 INDEX. 

Page. Section. 
SCHOOL J^A^BS— Continued. 

Notes, collection of 52 1799-1800 

Township credited with collections 52 1801 

Proceeds of sale covered into Treasury 52 1802 

Lease of 53 1803 

Board of Compromise for 53 1804 

SCHOOLS, NORMAL 54-55 

Apportionment of funds to 41 1761 

SCHOOLS, AGRICULTURAL 55-56 

SCHOOL FOR MINES AND MINING (Preparatory) — 

, Incorporation of 111 1971 

Location and powers of 111 1972 

Faculty, election and term 111 1973 

Trustees 112 1974 



SCHOOLS, CITY AND TOWN, UNDER MUNICI- 
PAL GOVERNMENT— 

Regulation of 119 1348 

Board of Education, cities of 6,000 or more 119 1349 

Board of Education, officers, election of__ 120 1350 

School property, how held 120 1351 

Appropriation for schools 121 1352 

Schools, control of 121 1353 

Superintendent of schools 122 1354 

Board of Education in towns of 1,000 and 

less than 6,000 123 1355 

Special School District, funds for 124 1356 

Municipalities exempt from school law__ 124 1357 

Libraries, right to establish 125 1358 

SCHOOLS, HIGH— 

Commission to locate 73 1861 

Sites; annual donation paid quarterly 73 1862 



INDEX. 221 

Page. Section. 
SCHOOLS, HIGH— Continued. 

Controlled by High School Commission and 

County Board of Education 73 1863 

Free school and office of trustee not abol- 
ished 73 1864 

Qualifications and eligibility of teachers 

and students 73 1865 

Course of study 73 1866 

Matriculation fee 73 1867 

SUPERINTENDENT OF EDUCATION (STATE) 5 1680 

Term of office, salary 5 1681 

Oath and bond 6 1682 

Office, books and records 6 1688 

Clerks and salaries 6 1684 

His duties 6 1685 

Annual Report to Governor 10 1686 

Vacancy in office, how filled 10 1688 



STATE BOARD OF EXAMINERS FOR TEACH- 
ERS 28 1719 

Compensation of 31 1726 

Grades papers 33 1737 

Issues certificates to teachers 34 1736 

SALARY OF TEACHERS PAID MONTHLY 36 1750 

SOUTHERN INDUSTRIAL INST., to provide for 147 

TAX, SPECIAL SCHOOL, MOBILE COUNTY— 131 

TAX, POLL 3 1678 

Net amount for school purposes 44 1769 



222 



INDEX. 



Page. 
TAX. SCHOOL— 

Constitutional 30c. on the hundred 4 

Local County 70 

TRUSTEES, DISTRICT 5 

Election, powers, etc. 13 

Organization of 15 

Duties of 15 

Number increased for graded school 16 

TOWNSHIPS— 

Abolished 10 

Incorporated 11 

Divided, how Trust Fund apportioned to__ 45 

TREASURER, COUNTY, OF PUBLIC SCHOOL 

FUND 25 

Duties of 25 

TEACHERS— 

State Board of Examiners for 28 

Times for Examination of 29 

Applicants must be of good character 32 

Examinations in counties, how conducted 30 

List of questions prepared 28 

Stealing examination questions, penalty for 28 

Fees for examination 30 

No assistance on examination allowed 31 

Branches of learning examined upon 32 

Examination shall be written 33 

Examination papers transmitted to State 

Board for grading 33 

Examination papers kept on file six months 34 

Certificates issued by State Board 34 

Grades of certificates 32 

Certificate, percentage "required for 32 



Section. 

(note) 
1851 



1680 
1697 
1698 
1699 
1700 



1689 
1690 
1777 



2, 3 and 4 



1719 
1722 
1730 
1724 
1721 
7750 
1725 
1728 
1734 
1735 

1736 
1739 
1738 
1732 
173a 



INDEX. 223 

Page. Section. 

TEACHERS — Continued. 

Temporary certificate 29 1723 

Certificates, lifetime of 34 1740 

Certificates, Life 34 1741 

Certificates, revoking 34 174S 

Register of licenses kept by State Board— 35 1744. 
Additional examinations allowed in separ- 
ate school districts 35 1745 

Must keep school register 35 1748 

Must make monthly report 36 1749 

Salary paid monthly 36 1750 

TEACHERS' INSTITUTE; to provide for holding 144 



TEMPERANCE— 

Evils of intemperance taught in public 

schools 132 



TEXT BOOK COMMISSION (See "Commission, 
Text Book," page 56) — 

UNIVERSITY OF ALABAMA— 

Incorporation of 75 1869 

Powers, duties and liabilities 75 1870 

Power of holding and disposing of property 75 1871 

Fund defined 76 1872 

When gift or grant not affected 76 1873 

Rights, etc. 76 1874 

Powers of Board of Trustees 76 1875 

Classification of Trustees, terms, etc 76 1876 

Quorum of Board 78 1877 

Time and place of meeting of trustees 79 1878 

Proceedings of Board recorded 79 1879 

Report of Board to Legislature 80 1880 

Interest on University Fund, how payable 80 1881 
Right reserved to Legislature to revise and 

amend 80 1882 

Law Depart, to receive second hand books 81 1883. 



224 



INDEX. 




Page. Section. 
UNIVERSITY OP ALABAMA— Continued. 

Law Dept. must be supplied witli codes— 81 1884 

Police and grounds 81 1885 

Lands, lease and sale of 81 1886 

Executive Committee of Board of Trustees 82 1887 

Sales, leases, etc., ratified 82 1888 

Medical Department 83 1889 

Cement Laboratory 84 1893 

Summer School 84 184 

Summer School appropriation, how. paid 84 1895-1896 

Matriculation or tuition fee 85 1897 

Examination of teachers by State Board 85 1898 

Additional appropriations 83 (note) 



VACANCIES IN OFFICE— 

How filled. When no provision made 130 

State Supt of Education filled by Gov 10 1688 

County Supt. of Education, how filled 20 1711 

County Board of Education, how filled 22 1714 



i« 



LE N 'II 



A copy of this pamphlet may be secured by sending to the Superintendent 
of Education, Montgomery, Aiabama, 6 cents to cover postage. 



General Public School 

Laws of Alabama 

1911 




^rr*-* 



lasned by the 

STATE DEPARTMENT OF EDUCATION 

HENRT J. WILLINGHAM 

Superintendent 



■ ROWN PTU. no. MONTOOMEIIY, ALA. 



